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Resource Management Act 1991

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

108A: Bonds

You could also call this:

“A promise to fix or clean up after a project, with money set aside to ensure it happens”

When you apply for a resource consent, you might need to give a bond. A bond is like a promise that you will do certain things. The consent authority decides what the bond is for.

The bond can be for things like removing structures, doing remedial work, or monitoring long-term effects. You might need to give the bond before you start your project or at a later time. The bond can also be used to secure the performance of conditions, including those related to adverse environmental effects.

If the consent authority thinks there might be adverse effects after your project is finished, they can require the bond to continue for a certain period. You might need to provide security or a guarantor to ensure you carry out the conditions of the bond. The bond can be varied, cancelled, or renewed at any time if you and the consent authority agree.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234838.

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

108ABonds

  1. A bond required under section 108(2)(b) may be given for the performance of any 1 or more conditions the consent authority considers appropriate and may continue after the expiry of the resource consent to secure the ongoing performance of conditions relating to long-term effects, including—

  2. a condition relating to the alteration or removal of structures:
    1. a condition relating to remedial, restoration, or maintenance work:
      1. a condition providing for ongoing monitoring of long-term effects.

        1. A condition describing the terms of the bond to be entered into under section 108(2)(b) may—

        2. require that the bond be given before the resource consent is exercised or at any other time:
          1. require that section 109(1) apply to the bond:
            1. provide that the liability of the holder of the resource consent be not limited to the amount of the bond:
              1. require the bond to be given to secure performance of conditions of the consent including conditions relating to any adverse effects on the environment that become apparent during or after the expiry of the consent:
                1. require the holder of the resource consent to provide such security as the consent authority thinks fit for the performance of any condition of the bond:
                  1. require the holder of the resource consent to provide a guarantor (acceptable to the consent authority) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy:
                    1. provide that the bond may be varied or cancelled or renewed at any time by agreement between the holder and the consent authority.

                      1. If a consent authority considers that an adverse effect may continue or arise at any time after the expiration of a resource consent granted by it, the consent authority may require that a bond continue for a specified period that the consent authority thinks fit.

                      Notes
                      • Section 108A: inserted, on , by section 46 of the Resource Management Amendment Act 2003 (2003 No 23).