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Resource Management Act 1991

Resource consents - Decisions on applications relating to non-aquaculture activities

108: Conditions of resource consents

You could also call this:

“Rules that come with a resource consent”

When you apply for a resource consent, the consent authority can add conditions to it. These conditions can include things like making a financial contribution or providing a bond. You can find more information about financial contributions in section 108AA and about bonds in section 108A.

The consent authority can also add conditions that require you to do certain things, like protect the environment or provide services. For example, if you have a discharge permit, you might have to adopt the best practicable option to prevent or minimise any adverse effect on the environment, as stated in section 15 and section 15B.

The authority can ask you to supply information about how you are using the resource consent. This can include things like taking samples or carrying out tests, and you can find more information about this in section 220.

A financial contribution means giving money, land, or a combination of both, but it does not include Maori land, unless Te Ture Whenua Maori Act 1993 says otherwise.

The consent authority must not include a condition that requires a financial contribution unless it is in line with the plan or proposed plan, and the level of contribution is determined in the manner described in the plan or proposed plan, as stated in section 87A(2)(b) or (3)(a).

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Part 6 Resource consents
Decisions on applications relating to non-aquaculture activities

108Conditions of resource consents

  1. Except as expressly provided in this section and subject to section 108AA and any regulations, a resource consent may be granted on any condition that the consent authority considers appropriate, including any condition of a kind referred to in subsection (2).

  2. A resource consent may include any 1 or more of the following conditions:

  3. subject to subsection (10), a condition requiring that a financial contribution be made:
    1. a condition requiring provision of a bond (and describing the terms of that bond) in accordance with section 108A:
      1. a condition requiring that services or works, including (but without limitation) the protection, planting, or replanting of any tree or other vegetation or the protection, restoration, or enhancement of any natural or physical resource, be provided:
        1. in respect of any resource consent (other than a subdivision consent), a condition requiring that a covenant be entered into, in favour of the consent authority, in respect of the performance of any condition of the resource consent (being a condition which relates to the use of land to which the consent relates):
          1. subject to subsection (8), in respect of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 (relating to the discharge of contaminants) or section 15B, a condition requiring the holder to adopt the best practicable option to prevent or minimise any actual or likely adverse effect on the environment of the discharge and other discharges (if any) made by the person from the same site or source:
            1. in respect of a subdivision consent, any condition described in section 220 (notwithstanding any limitation on the imposition of conditions provided for by section 87A(2)(b) or (3)(a)):
              1. in respect of any resource consent for reclamation granted by the relevant consent authority, a condition requiring an esplanade reserve or esplanade strip of any specified width to be set aside or created under Part 10:
                1. in respect of any coastal permit to occupy any part of the common marine and coastal area, a condition—
                  1. detailing the extent of the exclusion of other persons:
                    1. specifying any coastal occupation charge.

                    2. A consent authority may include as a condition of a resource consent a requirement that the holder of a resource consent supply to the consent authority information relating to the exercise of the resource consent.

                    3. Without limiting subsection (3), a condition made under that subsection may require the holder of the resource consent to do 1 or more of the following:

                    4. to make and record measurements:
                      1. to take and supply samples:
                        1. to carry out analyses, surveys, investigations, inspections, or other specified tests:
                          1. to carry out measurements, samples, analyses, surveys, investigations, inspections, or other specified tests in a specified manner:
                            1. to provide information to the consent authority at a specified time or times:
                              1. to provide information to the consent authority in a specified manner:
                                1. to comply with the condition at the holder of the resource consent's expense.

                                  1. Any conditions of a kind referred to in subsection (3) that were made before the commencement of this subsection, and any action taken or decision made as a result of such a condition, are hereby declared to be, and to have always been, as valid as they would have been if subsections (3) and (4) had been included in this Act when the conditions were made, or the action was taken, or the decision was made.

                                  2. Repealed

                                  3. Any condition under subsection (2)(d) may, among other things, provide that the covenant may be varied or cancelled or renewed at any time by agreement between the consent holder and the consent authority.

                                  4. Before deciding to grant a discharge permit or a coastal permit to do something that would otherwise contravene section 15 (relating to the discharge of contaminants) or 15B subject to a condition described in subsection (2)(e), the consent authority shall be satisfied that, in the particular circumstances and having regard to—

                                  5. the nature of the discharge and the receiving environment; and
                                    1. other alternatives, including any condition requiring the observance of minimum standards of quality of the receiving environment—
                                        1. the inclusion of that condition is the most efficient and effective means of preventing or minimising any actual or likely adverse effect on the environment.

                                      1. In this section, financial contribution means a contribution of—

                                      2. money; or
                                        1. land, including an esplanade reserve or esplanade strip (other than in relation to a subdivision consent), but excluding Maori land within the meaning of Te Ture Whenua Maori Act 1993 unless that Act provides otherwise; or
                                          1. a combination of money and land.

                                            1. A consent authority must not include a condition in a resource consent requiring a financial contribution unless—

                                            2. the condition is imposed in accordance with the purposes specified in the plan or proposed plan (including the purpose of ensuring positive effects on the environment to offset any adverse effect); and
                                              1. the level of contribution is determined in the manner described in the plan or proposed plan.

                                                Notes
                                                • Section 108(1): replaced, on , by section 24(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                                                • Section 108(1): amended, on , by section 146 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                                • Section 108(2): replaced, on , by section 24(1) of the Resource Management Amendment Act 1997 (1997 No 104).
                                                • Section 108(2)(b): replaced, on , by section 45(1) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                • Section 108(2)(f): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                                • Section 108(2)(h): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                                • Section 108(3): replaced, on , by section 58(6) of the Resource Management Amendment Act 1993 (1993 No 65).
                                                • Section 108(4): replaced, on , by section 58(6) of the Resource Management Amendment Act 1993 (1993 No 65).
                                                • Section 108(5): replaced, on , by section 58(6) of the Resource Management Amendment Act 1993 (1993 No 65).
                                                • Section 108(6): repealed, on , by section 45(3) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                • Section 108(7): amended, on , by section 24(3) of the Resource Management Amendment Act 1997 (1997 No 104).
                                                • Section 108(8): amended, on , by section 24(4)(a) of the Resource Management Amendment Act 1997 (1997 No 104).
                                                • Section 108(8): amended, on , by section 24(4)(b) of the Resource Management Amendment Act 1997 (1997 No 104).
                                                • Section 108(9): replaced, on , by section 24(5) of the Resource Management Amendment Act 1997 (1997 No 104).
                                                • Section 108(10): inserted, on , by section 24(5) of the Resource Management Amendment Act 1997 (1997 No 104).
                                                • Section 108(10)(a): amended, on , by section 45(4) of the Resource Management Amendment Act 2003 (2003 No 23).
                                                • Section 108(10)(b): amended, on , by section 45(5) of the Resource Management Amendment Act 2003 (2003 No 23).