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Resource Management Act 1991

Resource consents - Decisions

104A: Determination of applications for controlled activities

You could also call this:

“Deciding if you can do something that needs a special permit”

When you apply for a resource consent for a controlled activity, the consent authority considers your application. They must grant you the resource consent if they have enough information to decide whether the activity is controlled. You can find out more about the conditions they can impose on the consent in section 108. The authority can only impose conditions on certain matters, such as those controlled by national environmental standards or regulations, or matters they have reserved control over in their plan.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234363.

Topics:

Environment and resources > Town planning

104: Consideration of applications, or

"Looking at applications to use natural resources in a way that protects the environment"

104B: Determination of applications for discretionary or non-complying activities, or

"Deciding if you can do something that doesn't fully follow the rules"

Part 6 Resource consents
Decisions

104ADetermination of applications for controlled activities

After considering an application for a resource consent for a controlled activity, a consent authority—
must grant the resource consent, unless it has insufficient information to determine whether or not the activity is a controlled activity; and
may impose conditions on the consent under section 108 only for those matters—
1. over which control is reserved in national environmental standards or other regulations; or
2. over which it has reserved its control in its plan or proposed plan.

Notes

Section 104A: inserted, on 1 August 2003, by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).
Section 104A(a): replaced, on 10 August 2005, by section 60 of the Resource Management Amendment Act 2005 (2005 No 87).
Section 104A(b): replaced, on 1 October 2009, by section 84 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).