Part 6Resource consents
Decisions on applications relating to discharge of greenhouse gases
105Matters relevant to certain applications
If an application is for a discharge permit or coastal permit to do something that would contravene section 15 or section 15B, the consent authority must, in addition to the matters in section 104(1), have regard to—
- the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
- the applicant's reasons for the proposed choice; and
- any possible alternative methods of discharge, including discharge into any other receiving environment.
If an application is for a resource consent for a reclamation, the consent authority must, in addition to the matters in section 104(1), consider whether an esplanade reserve or esplanade strip is appropriate and, if so, impose a condition under section 108(2)(g) on the resource consent.
However, subsections (1) and (2) do not apply if an application is for an activity—
- that is regulated by a wastewater environmental performance standard or a stormwater environmental performance standard and the application complies with the relevant environmental performance standard; or
- that is regulated by an infrastructure design solution and the application complies with the infrastructure design solution.
Notes
- Section 105: replaced, on , by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).
- Section 105(3): inserted, on , by section 84 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).


