Local Government Act 1993

In determining an application, the council—

must not approve the application if the activity or the carrying out of the activity for which approval is sought would not comply with the requirements of any relevant regulation, and

must take into consideration any criteria in a local policy adopted under Part 3 by the council which are relevant to the subject-matter of the application, and

must take into consideration the principles of ecologically sustainable development.

If no requirements are prescribed for the purposes of subsection (1)(a), and no criteria are adopted for the purposes of subsection (1)(b), the council in determining an application—

is to take into consideration, in addition to the principles of ecologically sustainable development, all matters relevant to the application, and

is to seek to give effect to the applicant’s objectives to the extent to which they are compatible with the public interest.

Without limiting subsection (2), in considering the public interest the matters the council is to consider include—

protection of the environment, and

protection of public health, safety and convenience, and

any items of cultural and heritage significance which might be affected.