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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:

“Money or promises given to make sure people follow the rules when they do things that might affect nature”

You can be asked to give a bond when you’re given permission to do something that might affect the environment. This bond is like a promise that you’ll do what you said you would do.

The bond can be for one or more things that the person in charge thinks are important. It can even continue after your permission ends, to make sure you take care of any long-term effects. This might include taking down structures, fixing things up, or keeping an eye on long-term changes.

The person in charge can set rules about when you need to give the bond. They might ask for it before you start your activity or at another time. They can also say that you might have to pay more than the bond if something goes wrong.

The bond can be used to make sure you follow all the rules, even if problems show up later or after your permission ends. You might need to provide extra security or get someone else to promise to pay if you can’t.

The person in charge can ask for the bond to continue for as long as they think it’s needed, even after your permission has ended. This is to make sure any lasting effects are taken care of.

You and the person in charge can agree to change, cancel, or renew the bond at any time.

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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).