Plain language law

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:

“How people in charge decide if you can do special things that need permission”

When you apply for a restricted discretionary activity resource consent, the consent authority can only look at specific things. These things are either set by national environmental standards, other rules, or the authority’s own plan.

The consent authority can say yes or no to your application. If they say yes, they can only add conditions about the specific things they’re allowed to consider.

These specific things are the same as mentioned before - they come from national environmental standards, other rules, or the authority’s own plan.

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

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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
Government and voting > Local councils
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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.”

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

“Rules for when you can do activities that don't follow the normal plan”

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).