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

When you want to do an activity that doesn’t follow the rules (this is called a non-complying activity), a consent authority can only give you permission if one of two things is true:

The activity will only have a small negative effect on the environment. This doesn’t include any effects that section 104(3)(a)(ii) talks about.

Or, the activity won’t go against the goals and policies of the relevant plans. These plans could be:

  1. The current plan, if there’s no proposed new plan.
  2. The proposed new plan, if there’s no current plan.
  3. Both the current and proposed plans, if both exist.

It’s important to remember that section 104(2) also applies when deciding about 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 > Town planning
Environment and resources > Conservation
Government and voting > Local councils
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104C: Determination of applications for restricted discretionary activities, or

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

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104E: Applications relating to discharge of greenhouse gases, or

“Rules about how to handle requests to release greenhouse gases into the air”

Part 6 Resource 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).