104Consideration of applications

1. When considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2 and section 77M, have regard to–

2. any actual and potential effects on the environment of allowing the activity; and
3. any measure proposed or agreed to by the applicant for the purpose of ensuring positive effects on the environment to offset or compensate for any adverse effects on the environment that will or may result from allowing the activity; and
4. any relevant provisions of—
   1. a national environmental standard:
   2. a wastewater environmental performance standard:
   3. a stormwater environmental performance standard:
   4. an infrastructure design solution:
   5. other regulations:
   6. a national policy statement:
   7. a New Zealand coastal policy statement:
   8. a regional policy statement or proposed regional policy statement:
   9. a plan or proposed plan; and
5. any other matter the consent authority considers relevant and reasonably necessary to determine the application.

6. When forming an opinion for the purposes of subsection (1)(a), a consent authority may disregard an adverse effect of the activity on the environment if a national environmental standard or the plan permits an activity with that effect.

7. When considering an application affected by section 124 or 165ZH(1)(c), the consent authority must have regard to the value of the investment of the existing consent holder.

8. When considering a resource consent application for an activity in an area within the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, a consent authority must have regard to any resource management matters set out in that planning document.

9. Subsection (2B) applies until such time as the regional council, in the case of a consent authority that is a regional council, has completed its obligations in relation to its regional planning documents under section 93 of the Marine and Coastal Area (Takutai Moana) Act 2011.

10. When considering a resource consent application that relates to a wastewater network, as defined in section 5 of the Water Services Act 2021,—

11. a consent authority must not grant the consent contrary to—
    1. a wastewater environmental performance standard made under section 138 of that Act; or
    2. an infrastructure design solution; and
12. a consent authority must include, as a condition of granting the consent, requirements that are no more or less restrictive than is necessary to give effect to—
    1. the wastewater environmental performance standard; or
    2. the infrastructure design solution.

13. However, subsection (2D)—

14. does not apply if an exception under a wastewater environmental performance standard or an infrastructure design solution applies; and
15. except as expressly otherwise provided in this Act, does not prevent a consent authority from including, as a condition of granting a resource consent, a requirement that relates to any activity, effect, or other matter that a wastewater environmental standard or an infrastructure design solution does not regulate or manage.

16. When considering a resource consent application that relates to a stormwater network, as defined in section 5 of the Water Services Act 2021, a consent authority—

17. must not grant the consent contrary to—
    1. a stormwater environmental performance standard made under section 139A of that Act; or
    2. an infrastructure design solution; and
18. must include, as a condition of granting the consent, requirements that are no more or less restrictive than is necessary to give effect to—
    1. the stormwater environmental performance standard; or
    2. the infrastructure design solution.

19. However, subsection (2E)—

20. does not apply if an exception under a stormwater environmental performance standard or an infrastructure design solution applies; and
21. except as expressly otherwise provided in this Act, does not prevent a consent authority from including, as a condition of granting a resource consent, a requirement that relates to any activity, effect, or other matter that a stormwater environmental standard or an infrastructure design solution does not regulate or manage.

22. When considering a resource consent application, a consent authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, or convictions under this Act received by the applicant, if the applicant is not a natural person or, if the applicant is a natural person, received by the applicant within the previous 7 years.

23. When considering an application and any submissions received, a consent authority must not have regard to clause 1.3(5) or 2.1 of the NPSFM 2020 (which relates to the hierarchy of obligations in the NPSFM 2020).

24. Subsection (2F) applies despite subsection (1)(b)(iii) and any other provision of this Act.

25. A consent authority must not,—

26. when considering an application, have regard to—
    1. trade competition or the effects of trade competition; or
    2. any effect on a person who has given written approval to the application:
28. grant a resource consent contrary to—
    1. section 107, 107A, or 217:
    2. an Order in Council in force under section 152:
    3. any regulations:
    4. wāhi tapu conditions included in a customary marine title order or agreement:
    5. section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011:
29. grant a resource consent if the application should have been notified and was not.

30. See also section 103(3) of the Urban Development Act 2020 (which relates to resource consents in project areas in transitional periods for specified development projects (as those terms are defined in section 9 of that Act)).

31. A consent authority considering an application must ignore subsection (3)(a)(ii) if the person withdraws the approval in a written notice received by the consent authority before the date of the hearing, if there is one, or, if there is not, before the application is determined.

32. A consent authority may grant a resource consent on the basis that the activity is a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity, regardless of what type of activity the application was expressed to be for.

33. A consent authority may decline an application for a resource consent on the grounds that it has inadequate information to determine the application.

34. A consent authority may decline an application for a resource consent if the applicant has a record of significant non-compliance with a requirement of this Act—

35. that is ongoing or repeated; and
36. that, if the applicant is not a natural person, has been or is the subject of an enforcement order or a conviction under this Act or, if the applicant is a natural person, has been or is the subject of an enforcement order or a conviction under this Act within the previous 7 years.

37. In making an assessment on the adequacy of the information, the consent authority must have regard to whether any request made of the applicant for further information or reports resulted in further information or any report being available.