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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:

“This law explains when you can start using your permission to do something with land or water.”

A resource consent is a permission that lets you do certain activities. Here’s when it starts to work:

Usually, a resource consent starts when the time for people to appeal against it is over and no one has appealed. If someone has appealed, it starts when the Environment Court decides on the appeals or when everyone who appealed takes back their appeal.

Sometimes, a resource consent can start right away. This happens if no one was told about it beforehand, or if no one sent in their thoughts about it, or if everyone who sent in their thoughts took them back before a decision was made.

If someone objects to the resource consent, it starts when that objection (and any appeal about the objection) is decided or taken back.

For some special cases, like when you’re dividing up land or using reclaimed land, the resource consent starts at different times. It might start when the land becomes yours or when you get a special certificate.

If the Environment Court or a board of inquiry gives you a resource consent, it starts on the day they decide or on a later date that they choose.

If your resource consent is for an activity in an area where Māori have customary marine title, there are special rules about when it can start.

Remember, sometimes a resource consent might say it starts on a later date, or the Environment Court might say when it starts.

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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 > Land use
Environment and resources > Conservation
Government and voting > Local councils
Māori affairs > Māori land
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“This law sets deadlines for telling people about decisions on their requests to use resources.”

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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).