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New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Decisions

104C: Determination of applications for restricted discretionary activities

You could also call this:

“Deciding applications for activities with some rules already in place”

When you apply for a resource consent for a restricted discretionary activity, the consent authority considers certain matters. They look at matters where a discretion is restricted in national environmental standards or other regulations. They also consider matters where they have restricted their own discretion in their plan or proposed plan.

The consent authority can either grant or refuse your application. If they grant it, they can impose conditions under section 108 for specific matters. These matters are the ones where a discretion is restricted in national environmental standards or other regulations, or where they have restricted their own discretion in their plan or proposed plan.

The consent authority makes decisions based on these restricted matters. You need to know what these matters are to understand their decision. The consent authority’s decision is based on their plan or proposed plan and national environmental standards or other regulations.

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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=DLM234368.

Topics:
Environment and resources > Town planning Environment and resources > Conservation
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104B: Determination of applications for discretionary or non-complying activities, or

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

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104D: Particular restrictions for non-complying activities, or

"Rules for doing things that don't follow the environment rules"

Part 6 Resource consents
Decisions

104CDetermination of applications for restricted discretionary activities

  1. When considering an application for a resource consent for a restricted discretionary activity, a consent authority must consider only those matters over which—

  2. a discretion is restricted in national environmental standards or other regulations:
    1. it has restricted the exercise of its discretion in its plan or proposed plan.

      1. The consent authority may grant or refuse the application.

      2. However, if it grants the application, the consent authority may impose conditions under section 108 only for those matters over which—

      3. a discretion is restricted in national environmental standards or other regulations:
        1. it has restricted the exercise of its discretion in its plan or proposed plan.

          Notes
          • Section 104C: replaced, on , by section 85 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).