Resource Management Act 1991

Resource consents - Decisions on applications relating to discharge of greenhouse gases

105: Matters relevant to certain applications

You could also call this:

"What the council considers when you apply for certain environmental permits"

Illustration for Resource Management Act 1991

When you apply for a discharge permit or coastal permit, the consent authority looks at extra things. They consider the type of discharge and how it affects the environment. They also think about your reasons for choosing a particular method and if there are other ways to do it. If you apply for a resource consent for a reclamation, the authority checks if an esplanade reserve or strip is needed. They might add a condition to your consent if it is. But these rules do not apply if your activity follows certain environmental standards or design solutions. You can check section 15 and section 15B for more information. The authority also looks at section 104(1) and might impose a condition under section 108(2)(g).

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Part 6Resource consents
Decisions on applications relating to discharge of greenhouse gases

105Matters relevant to certain applications

  1. 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—

  2. the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and
    1. the applicant's reasons for the proposed choice; and
      1. any possible alternative methods of discharge, including discharge into any other receiving environment.
        1. 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.

        2. However, subsections (1) and (2) do not apply if an application is for an activity—

        3. 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
          1. 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).