(1)  In this section –

relevant use or development means –

(a) a use or development on land in the flood-prone area; or

(b) a use or development on land, outside the flood-prone area, which use or development –

(i) is likely to increase the likelihood, severity or duration of a flood occurring in the flood-prone area; or

(ii) may, if a flood occurs in the flood-prone area, increase –

(a) the potential risk of, or the potential scale of, loss of human life in the flood-prone area; or

(b) the potential risk of, or the potential scale of, injury to persons in the flood-prone area; or

(c) the potential risk of, or the potential scale of, damage to, or loss of property in, the flood-prone area.

(2)  Even though the Authority has not made under the Planning Act a representation in relation to a flood-significant planning application, the Authority may, by virtue of this subsection, appeal under section 61(5) of that Act to the Appeal Tribunal as if –

(a) the Authority had made a representation in relation to the application; and

(b) the notice given to the Authority under section 18(6) of this Act were a notice served on the Authority under section 57(7) of the Planning Act.

(3)  The provisions of the Resource Management and Planning Appeal Tribunal Act 1993 apply in relation to an appeal made pursuant to subsection (2) as if the Authority had made a representation in relation to the flood-significant planning application to which the appeal relates.

(4)  If a person appeals under the Planning Act to the Appeal Tribunal in relation to a decision made in respect of a relevant use or development, the Authority may apply to the Tribunal under section 14(2) of the Resource Management and Planning Appeal Tribunal Act 1993 to be made a party to the appeal.

(5)  If an application is made under subsection (4) then, despite section 14(3) and (4) of the Resource Management and Planning Appeal Tribunal Act 1993 , the Tribunal must join the Authority as a party to the appeal.