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Resource Management Act 1991

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

106: Consent authority may refuse subdivision consent in certain circumstances

You could also call this:

“The government can say no to splitting up land if it might be dangerous or hard to get to.”

You might be wondering about when a consent authority can refuse or put conditions on a subdivision consent. Here’s what you need to know:

A consent authority can say no to a subdivision consent or add conditions to it if they think there’s a big risk from natural hazards. They can also do this if they believe there isn’t enough legal and physical access to each new piece of land that would be created.

When the consent authority is thinking about natural hazard risks, they look at a few things together. They consider how likely it is for natural hazards to happen, either on their own or together. They also think about the damage these hazards could cause to the land involved in the consent, other nearby land, or buildings. Lastly, they consider if any future use of the land might make this damage worse or happen more quickly.

If the consent authority does add conditions, these must be to avoid, fix, or lessen the effects of the issues they’re worried about. The types of conditions they can use are the same as those allowed under section 108.

Remember, the consent authority’s job is to make sure new subdivisions are safe and properly accessible. They’re looking out for potential problems to keep everyone safe and make sure the land can be used properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234389.

Topics:
Environment and resources > Town planning
Environment and resources > Land use
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Part 6 Resource consents
Decisions on applications relating to discharge of greenhouse gases

106Consent authority may refuse subdivision consent in certain circumstances

  1. A consent authority may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions, if it considers that—

  2. there is a significant risk from natural hazards; or
      1. sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision.

        1. For the purpose of subsection (1)(a), an assessment of the risk from natural hazards requires a combined assessment of—

        2. the likelihood of natural hazards occurring (whether individually or in combination); and
          1. the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards; and
            1. any likely subsequent use of the land in respect of which the consent is sought that would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b).

              1. Conditions under subsection (1) must be—

              2. for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1); and
                1. of a type that could be imposed under section 108.

                  Notes
                  • Section 106: replaced, on , by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).
                  • Section 106(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 106(1)(a): replaced, on , by section 145(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 106(1)(b): repealed, on , by section 145(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                  • Section 106(1A): inserted, on , by section 145(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).