Part 2 of Schedule 12 - Adverse effects assessment and report by regional council

Textual description of figure

The figure shows part of the process by which a Regional Council (RC) undertakes an Adverse Effects Report.

The figure assumes a party has applied for a Customary Rights Order (CRO), which has been granted, and any appeals disposed of.

If the Regional Council (RC) has been directed by the MOC to prepare the AER, the RC has no longer than 5 working days after receiving such notification from the MOC to commence work on the adverse affects assessment of the RCA. The RC must also notify the MOC and the CRO holder that they will be undertaking an AER assessment.

If the RC has not been notified by the MOC that the Minister intends to carry out his/her own adverse affects assessment, the RC may carry out an adverse affects assessment of its own initiative and prepare an AER subject to conditions set out in section 6 (3) (a) and (b) of Part II of Schedule 12 of the RMA.

A decision by the RC whether or not to undertake their own AER must be made within 20 working days after the granting of the CRO.

Note that the RC may decide to carry out an AER at any time see Clause 6(3)(b) of the Twelfth Schedule.

The RC must give written notice of their decision whether or not to carry out an AER within 5 working days.

This figure is continued in Figure 4.