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Resource Management Act 1991

Resource consents - Decisions

104D: Particular restrictions for non-complying activities

You could also call this:

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

If you want to do something that does not comply with the rules, you need to get a resource consent. A consent authority can only grant this consent if they are satisfied that the bad effects on the environment will be minor, except for effects that section 104(3)(a)(ii) applies to. You can also get a consent if your activity does not go against the objectives and policies of the relevant plan or proposed plan. The authority will use section 104(2) to decide on your application for a non-complying activity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234370.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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"Deciding applications for activities with some rules already in place"

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Part 6Resource consents
Decisions

104DParticular restrictions for non-complying activities

  1. Despite any decision made for the purpose of notification in relation to adverse effects, a consent authority may grant a resource consent for a non-complying activity only if it is satisfied that either—

  2. the adverse effects of the activity on the environment (other than any effect to which section 104(3)(a)(ii) applies) will be minor; or
    1. the application is for an activity that will not be contrary to the objectives and policies of—
      1. the relevant plan, if there is a plan but no proposed plan in respect of the activity; or
        1. the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or
          1. both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity.

          2. To avoid doubt, section 104(2) applies to the determination of an application for a non-complying activity.

          Notes
          • Section 104D: inserted, on , by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 104D(1): amended, on , by section 144 of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 104D(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 104D(1)(a): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).