Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Decisions

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

You could also call this:

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

When you apply for a resource consent for a discretionary or non-complying activity, the consent authority considers your application. The authority can then choose to grant or refuse your application. If they grant your application, they can also impose conditions under section 108.

You need to know that the consent authority has the power to make these decisions. They look at your application and decide what to do. The authority’s decision is important for your application.

The consent authority’s decision is based on the information you provide. They use this information to decide whether to grant or refuse your application. If granted, the conditions imposed under section 108 must be followed.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234366.

Topics:
Environment and resources > Town planning Housing and property > Land use
Previous

104A: Determination of applications for controlled activities, or

"Deciding if you can do something that needs a special permit"

Next

104C: Determination of applications for restricted discretionary activities, or

"Deciding applications for activities with some rules already in place"

Part 6 Resource consents
Decisions

104BDetermination of applications for discretionary or non-complying activities

  1. After considering an application for a resource consent for a discretionary activity or non-complying activity, a consent authority—

  2. may grant or refuse the application; and
    1. if it grants the application, may impose conditions under section 108.

      Notes
      • Section 104B: inserted, on , by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).