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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 about what can be included when granting permission to use resources”

When you’re given permission to do something (a resource consent), there can be conditions attached. These conditions are rules you need to follow. The people who give the permission can set any condition they think is right, as long as it follows the law.

Some of the conditions they might set include:

You might need to pay money or give land. This is called a financial contribution.

You might need to promise to do something, like protect trees or fix up the environment.

You might need to sign a special agreement (called a covenant) saying you’ll follow the rules.

If you’re allowed to release things into the environment, you might need to use the best ways to stop or reduce any bad effects.

If you’re dividing up land, there might be special rules about that.

If you’re allowed to use part of the beach or sea, you might need to let others use it too or pay a charge.

You might need to give information about how you’re using your permission. This could include taking measurements, samples, or doing tests.

The people giving the permission need to make sure these conditions are the best way to protect the environment.

If you’re asked to give money or land, this has to be for reasons explained in the plan, and the amount must be worked out in the way the plan describes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234810.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
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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).