Definitions

Definitions

Section 2AA and 2AB of the RMA sets out notification definitions applicable to resource consent applications:

Notification:       means public notification or limited notification of the application or matter.

Limited notification:     means serving notice of the application or matter on any affected person within the time limit specified by section 95...

Public notification:       means giving public notice by -

  1. giving notice of the application or matter in the manner required by section 2AB; and;
  2. giving that notice within the time limit specified by section 95…; and
  3. serving notice of the application or matter on every prescribed person (prescribed by Regulation 10 of the Resource Management (Forms, Fees and Procedure) Regulations 2003).

Public notice:      (1)      If this Act requires a person to give public notice of something,

the person must

  1. publish on an Internet site to which the public has free access a notice that—
    1. includes all the information that is required to be publicly notified; and
    2.  is in the prescribed form (if any); and
       
  2. publish a short summary of the notice, along with details of the Internet site where the notice can be accessed, in 1 or more newspapers circulating in the entire area likely to be affected by the matter to which the notice relates.
     
  3. The notice and the short summary of the notice must be worded in a way that is clear and concise.

Affected person:          means a person, who, under section 95E…, is an affected person in relation to the application or matter.

 

Other relevant definitions include:

Boundary activity (defined in s87AAB): An activity is a boundary activity if:

  • resource consent is required due to the infringement of one or more [district] ‘boundary rules’
  • no other district rules are infringed
  • no ‘infringed boundary’ is a ‘public boundary’

    Note: If an application is lodged for a boundary activity, each owner of an allotment with an infringed boundary has given written approval for the activity, and the information required in s87BA is provided then the council must provide a deemed permitted boundary activity notice advising the person that the activity is a permitted activity and must also return the resource consent application.

 Residential activity (defined in s95A(6)): means an activity that requires resource consent under a regional or district plan and that is associated with the construction, alteration, or use of 1 or more dwelling houses on land that, under a district plan, is intended to be used solely or principally for residential purposes.

Accommodated activities are defined in sections 64 & 65 of the Marine and Coastal Area (Takutai Moana) Act 2011. 

Statutory acknowledgment: Statutory acknowledgements made in accordance with an Act (which are specified in schedule 11 of the RMA) are referred to in section 95E(2)(c) of the RMA, and must be had regard to for the purposes of assessing the adverse effects of an activity on a person(s). 

A statutory acknowledgement is a formal acknowledgement by the Crown of the mana of tangata whenua over a specified area. Statutory Areas only relate to Crown-owned land and include areas of land, geographic features, lakes, rivers, wetlands, and coastal marine areas.

With respect to bodies of water such as lakes, rivers, and wetlands, the Statutory Acknowledgement excludes any part of the bed not owned or controlled by the Crown.

The locations of Statutory Areas are shown on Survey Office (SO) plans. Schedule 11 of the RMA lists the Acts that include statutory acknowledgements.