| Test (step) | Comment |
|---|
| 1. The Minister receives an application |
Application is to cover description, type, duration, place, status, potential effects & their mitigation, & applicant’s ability s 17S(1). |
| 2. Is there a conservation management strategy (CMS) and does the CMS make provision for the activity ? s 17W(2)(a)&(b). |
If no, the Minister may grant a concession after complying with s 17S, T & U. s 17W(2). |
| 3. Is the concession and its granting consistent with the CMS? s 17W(1). |
If no, the concession shall not be granted. s 17W(1) |
| 4. Is the application complete? s 17S(1)&(6) |
If no, the Minister may request further information, an EIA, or specialist reports. s 17S(3)&(4). |
| 5. Is the information available insufficient or inadequate to assess the effects and mitigation? s 17U(2)(a). |
If yes, the Minister may decline the application. s 17U(2)(a). |
| 6. Are there adequate or reasonable mitigation methods for adverse effects? s 17U(2)(b). |
If no, the Minister may decline the application. s 17U(2)(b) |
| 7. Is the complete application inconsistent with or not compliant with a CMS or CMP?
(assess within 20 days) s 17T(2).
|
If yes, the Minister shall decline application s 17T(2) |
| 8. Is the activity contrary to the Conservation Act 1987 or the purpose of land holding? s 17U(3). |
If yes, the Minister shall not grant the application. s 17U(3). |
| 9. Is the Minister satisfied that the concession can be granted without permanently affecting the rights of the public? s 49(2)(a) of the NPA 1980. |
If no, the Minister shall not grant the application. |
| 10. Is the Minister satisfied that the concession is not inconsistent with s 4 of the NPA 1980? s 49(2)(b) of the National Parks Act 1980. |
If no, the Minister shall not grant the application. |
|
Structures and leases only next four steps |
| 11. Can the structure or facility be reasonably located outside the conservation area? s 17U(4)(a)(1). |
If yes, the Minister shall not grant the application. s 17U(4). |
| 12. Can the facility or structure be in an alternative location where the potential adverse effects are significantly less? s 17U(4)(a)(2). |
If yes, The Minister shall not grant the application. s 17U(4). |
| 13. Can an existing structure reasonably be used? s 17U(4)(b). |
If yes, the Minister shall not grant the application. s 17U(4). |
| 14. Is a lease or licence involving a structure and interest in land necessary for the safety or security or essential for the operation? s 17U(5). |
If no, The Minister shall not grant the application. s 17U(5). |
15. In considering the application, the Minister shall have regard to;
- activity or structure, s17U(1)(a)
- effects and mitigation, s 17U1(b)&(c)
- requested information, s 17U(1)(d)
- environmental impact assessment reports, s 17U(1)(e)
- public submissions, s 17U(1)(f)
- iwi viewpoint. s 4.
|
| 16. Does the Minister consider the grant of concession inappropriate regarding the s 17U matters? s 17T(3) |
If yes, nothing shall require the Minister to grant any concession if considered inappropriate re s 17U matters. s 17T(3). |
| 17. The application has passed all the previous tests, and the minister has had regard to the s 17U matters and does not consider the concession inappropriate |
The Minister sets conditions (s 17X) and grants the concession. |