Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

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

107: Restriction on grant of certain discharge permits

You could also call this:

"Rules for Getting Permission to Release Waste into the Environment"

Illustration for Resource Management Act 1991

You need a permit to discharge contaminants or water into the environment. A consent authority will not grant a discharge permit if it will harm the environment, such as causing oil or grease films, changing the colour of the water, or affecting aquatic life. You can find more information about the rules in section 15 and section 15A. You might get a permit if there are exceptional circumstances or if the discharge is temporary. The consent authority must be satisfied that granting the permit is consistent with the purpose of the Resource Management Act. They can also grant a permit if there are already adverse effects in the receiving waters and they impose conditions to reduce those effects. A discharge permit can include conditions that require you to do certain works to ensure you meet the requirements when the permit expires. However, this section does not apply if your application complies with certain environmental performance standards or infrastructure design solutions.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234392.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
Previous

106A: Consent authority may refuse land use consent in certain circumstances, or

"The council can say no to your land use plans if they think it's not safe because of floods or earthquakes."

Next

107A: Restrictions on grant of resource consents, or

"Rules about when people can get permission to release greenhouse gases have been removed from the law."

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

107Restriction on grant of certain discharge permits

  1. Except as provided in subsection (2) or (2A), a consent authority shall not grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or section 15A allowing—

  2. the discharge of a contaminant or water into water; or
    1. a discharge of a contaminant onto or into land in circumstances which may result in that contaminant (or any other contaminant emanating as a result of natural processes from that contaminant) entering water; or
      1. the dumping in the coastal marine area from any ship, aircraft, or offshore installation of any waste or other matter that is a contaminant,—
          1. if, after reasonable mixing, the contaminant or water discharged (either by itself or in combination with the same, similar, or other contaminants or water), is likely to give rise to all or any of the following effects in the receiving waters:
        1. the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials:
          1. any conspicuous change in the colour or visual clarity:
            1. any emission of objectionable odour:
              1. the rendering of fresh water unsuitable for consumption by farm animals:
                1. any significant adverse effects on aquatic life.

                  1. A consent authority may grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or section 15A that may allow any of the effects described in subsection (1) if it is satisfied—

                  2. that exceptional circumstances justify the granting of the permit; or
                    1. that the discharge is of a temporary nature; or
                      1. that the discharge is associated with necessary maintenance work—
                          1. and that it is consistent with the purpose of this Act to do so.

                        1. A consent authority may grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or 15A that may allow the effects described in subsection (1)(g) if the consent authority—

                        2. is satisfied that, at the time of granting, there are already effects described in subsection (1)(g) in the receiving waters; and
                          1. imposes conditions on the permit; and
                            1. is satisfied that those conditions will contribute to a reduction of the effects described in subsection (1)(g) over the duration of the permit.

                              1. In addition to any other conditions imposed under this Act, a discharge permit or coastal permit may include conditions requiring the holder of the permit to undertake such works in such stages throughout the term of the permit as will ensure that upon the expiry of the permit the holder can meet the requirements of subsection (1) and of any relevant regional rules.

                              2. However, this section does 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 design solution.

                                  Notes
                                  • Section 107(1): amended, on , by section 24(1) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                                  • Section 107(1): amended, on , by section 14(2) of the Resource Management Amendment Act 1994 (1994 No 105).
                                  • Section 107(1): amended, on , by section 57(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                                  • Section 107(1)(b): replaced, on , by section 14(1) of the Resource Management Amendment Act 1994 (1994 No 105).
                                  • Section 107(1)(ba): inserted, on , by section 14(1) of the Resource Management Amendment Act 1994 (1994 No 105).
                                  • Section 107(2): replaced, on , by section 23(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                                  • Section 107(2): amended, on , by section 14(2) of the Resource Management Amendment Act 1994 (1994 No 105).
                                  • Section 107(2A): inserted, on , by section 24(2) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                                  • Section 107(3): replaced, on , by section 57(4) of the Resource Management Amendment Act 1993 (1993 No 65).
                                  • Section 107(4): inserted, on , by section 85 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).