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"

Illustration for Resource Management Act 1991

When you apply for a resource consent for a controlled activity, the consent authority considers your application. They must grant the consent unless they do not have enough information to decide if the activity is controlled. The authority can impose conditions on the consent under section 108 for certain matters. These matters are the ones where control is reserved in national environmental standards or other regulations, or where the authority has reserved its control in its plan.

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This page was last updated on 28 October 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 planningEnvironment and resources > Conservation

104: Consideration of applications, or

"Looking at and deciding on resource consent applications"

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 6Resource 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, wastewater environmental performance standards, stormwater environmental performance standards, infrastructure design solutions, 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).
Section 104A(b)(i): amended, on 27 August 2025, by section 81 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).