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Resource Management Act 1991

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

116: When a resource consent commences

You could also call this:

“When a resource consent starts: it's the date appeals end or a court decides, and it can be a later date too.”

When you get a resource consent, it starts on a certain date. This date is when the time to appeal the consent ends and no appeals are made, or when the Environment Court makes a decision on any appeals. You can find more information about appeals under section 357A and section 358.

If you made a non-notified application or a notified application with no submissions, your resource consent starts on the date the decision is notified under section 114. The consent can also start on a later date if this is stated in the consent. In some cases, the Environment Court or a board of inquiry can grant a resource consent, and it starts on the date of the decision or a later date stated by the court or board.

There are some special rules for resource consents in certain areas, like the common marine and coastal area, where section 68(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies. The resource consent can also be affected by other sections, such as sections 116A and 116B, and section 89(2). You should check these sections to understand how they apply to your resource consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234865.

Topics:
Environment and resources > Town planning Environment and resources > Conservation
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115: Time limits for notification of decision, or

"How long authorities have to tell you their decision after you apply for a resource consent"

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116A: When coastal permit for aquaculture activities may commence, or

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

116When a resource consent commences

  1. Except as provided in subsections (1A), (2), (4), and (5), or sections 116A and 116B, every resource consent that has been granted commences—

  2. when the time for lodging appeals against the grant of the consent expires and no appeals have been lodged; or
    1. when the Environment Court determines the appeals or all appellants withdraw their appeals—
        1. unless the resource consent states a later date or a determination of the Environment Court states otherwise.

      1. A resource consent that has been granted—

      2. for a non-notified application; or
        1. for a notified application where the time for lodging submissions has expired and either—
          1. no submissions are received; or
            1. all submissions received are withdrawn before a decision is made—
              2. commences on the date on which the decision on the application is notified under section 114 or on such later date as is stated in the resource consent, unless an appeal has been lodged, in which case subsection (1) applies, or an objection has been made under section 357A, in which case subsection (1AB) applies.

            2. If an objection has been made under section 357A, the resource consent commences when the objection, and any appeal under section 358, has been decided or withdrawn.

            3. A resource consent to which section 89(2) applies shall not commence—

            4. in the case of a subdivision consent, until the date the land to which the consent relates is vested in the consent holder under section 355(3); and
              1. in every other case, until the proposed location of the activity has been reclaimed and a certificate has been issued under section 245(5) in respect of the reclamation.

                1. Repealed

                2. Where the Environment Court grants a resource consent under section 87G or 149U, the consent commences on the date of the decision or such later date as the court states in its decision.

                3. Where a board of inquiry grants a resource consent under section 149R, the consent commences on the date of the decision or such later date as the board states in its decision.

                4. If a resource consent is granted for an activity in a part of the common marine and coastal area where a customary marine title order or agreement is in effect, section 68(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies.

                Notes
                • Section 116(1): amended, on , by section 188(9) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                • Section 116(1): amended, on , by section 28 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                • Section 116(1): amended, on , by section 88(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 116(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 116(1): amended, on , by section 64(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 116(1): amended, on , by section 64(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 116(1)(b): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
                • Section 116(1A): inserted, on , by section 64(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 116(1A): amended, on , by section 88(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 116(1A): amended, on , by section 63 of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 116(1A): amended, on , by section 50(1) of the Resource Management Amendment Act 2003 (2003 No 23).
                • Section 116(1AB): inserted, on , by section 50(2) of the Resource Management Amendment Act 2003 (2003 No 23).
                • Section 116(1AB): amended, on , by section 63 of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 116(3): repealed, on , by section 88(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 116(4): inserted, on , by section 88(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 116(5): inserted, on , by section 88(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 116(6): inserted, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).