Who are adversely affected parties?
You must be identified as an 'affected person' and given the opportunity to make a submission if the activity will result in adverse effects on you which are minor or more than minor, and you have not given written approval for the activity, unless it is unreasonable in the circumstances for the applicant to seek your written approval.
Adversely affected parties are people who have an interest greater than the public generally. This will normally include neighbours, downstream resource users and often also iwi authorities, but will often exclude public interest groups such as environmental organisations.
In identifying parties affected by adverse effects (section 95E(2)):
- The consent authority may exclude adverse effects if a rule in a plan or national environmental standard permits an activity with that effect (the 'permitted baseline')
- The consent authority must exclude adverse effects if the application is for a controlled or restricted discretionary activity, and the plan does not reserve control or discretion over the effects
- The consent authority must have regard to every relevant statutory acknowledgment made in accordance with certain Acts (these are specified in Schedule 11 of the Act and relate to Treaty of Waitangi settlements).
Who are affected protected customary rights groups or affected customary marine title groups?
If a person is the holder of a protected customary right and the activity may have adverse effects on this right, then the person will be an affected protected customary rights group unless they have given prior written approval for the activity that has not been withdrawn.
If a group is a customary marine title group and the activity may have adverse effects on the exercise of rights under subpart 3 of Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011, then the group will be an affected customary marine title group unless they have given prior written approval for the activity that has not been withdrawn.