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Resource Management Act 1991

Resource consents - Decisions

104: Consideration of applications

You could also call this:

“When someone wants to do something that needs permission, the people in charge have to look at how it might affect things and follow the rules before they decide.”

When you apply for a resource consent, the consent authority must consider several things. They need to look at how your activity might affect the environment, both good and bad. They’ll also check if you’ve suggested ways to make up for any negative effects.

The authority must consider rules from national and local environmental standards, policies, and plans. They can also look at other relevant matters they think are important.

Sometimes, the authority can ignore certain negative effects if they’re allowed by environmental standards or plans. They must consider the value of existing consent holders’ investments when looking at applications affected by certain laws.

For activities in areas with customary marine title, the authority must consider any resource management matters in the planning documents for that area.

The authority can’t consider trade competition or effects on someone who has approved the application in writing. They also can’t grant consents that go against certain laws or regulations.

The authority can grant a consent for a different type of activity than what you applied for. They can also decline your application if they don’t have enough information to make a decision.

When deciding if they have enough information, they must think about whether they asked you for more information and if you provided it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234355.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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Part 6 Resource consents
Decisions

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
    1. 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
      1. any relevant provisions of—
        1. a national environmental standard:
          1. other regulations:
            1. a national policy statement:
              1. a New Zealand coastal policy statement:
                1. a regional policy statement or proposed regional policy statement:
                  1. a plan or proposed plan; and
                  2. any other matter the consent authority considers relevant and reasonably necessary to determine the application.

                    1. 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.

                    2. 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.

                    3. 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.

                    4. 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.

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

                    6. must not grant the consent contrary to a wastewater environmental performance standard made under section 138 of that Act; and
                      1. must include, as a condition of granting the consent, requirements that are no less restrictive than is necessary to give effect to the wastewater environmental performance standard.

                        1. 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—

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

                            1. A consent authority must not,—

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

                                              1. 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)).

                                              2. 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.

                                              3. 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.

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

                                              5. 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.

                                              Notes
                                              • Section 104: replaced, on , by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).
                                              • Section 104(1): amended, on , by section 13 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).
                                              • Section 104(1)(ab): inserted, on , by section 143 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                              • Section 104(1)(b): replaced, on , by section 83(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 104(2): amended, on , by section 83(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 104(2A): inserted, on , by section 59 of the Resource Management Amendment Act 2005 (2005 No 87).
                                              • Section 104(2A): amended, on , by section 23(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                              • Section 104(2B): inserted, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                              • Section 104(2B): amended, on , by section 17 of the Resource Management Amendment Act 2013 (2013 No 63).
                                              • Section 104(2C): inserted, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                              • Section 104(2D): inserted, on , by section 206(1) of the Water Services Act 2021 (2021 No 36).
                                              • Section 104(2E): inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).
                                              • Section 104(3): amended, on , by section 83(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 104(3)(a): replaced, on , by section 83(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 104(3)(b): repealed, on , by section 83(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 104(3)(c): replaced, on , by section 24 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
                                              • Section 104(3)(c)(i): replaced, on , by section 6 of the Resource Management Amendment Act 2008 (2008 No 95).
                                              • Section 104(3)(c)(i): amended, on , by section 23(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                              • Section 104(3)(c)(iv): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                              • Section 104(3)(c)(v): inserted, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                              • Section 104(3)(d): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 104(3A): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).
                                              • Section 104(4): replaced, on , by section 83(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 104(6): inserted, on , by section 83(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                              • Section 104(7): inserted, on , by section 83(6) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).