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Resource Management Act 1991

Resource consents - Decisions

104A: Determination of applications for controlled activities

You could also call this:

“How officials decide if you can do activities that need special permission”

When you apply for a resource consent for a controlled activity, the consent authority must look at your application. They have to give you the consent unless they don’t have enough information to know if your activity is really a controlled activity.

The consent authority can add conditions to your consent, but only for certain things. These things are either controlled by national environmental standards or other rules, or they are things the authority said they would control in their plan.

If you want to know more about the conditions they can add, you can check section 108 of this law.

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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

Government and voting > Local councils

104: Consideration of applications, or

“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.”

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

“The council decides if it will allow special activities and can set rules for them.”

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).