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Resource Management Act 1991

Resource consents - Nature of resource consent

122: Consents not real or personal property

You could also call this:

“Resource consents are not like owning a house or toy, but can be treated like property in some ways.”

A resource consent is not something you can own like a house or a toy. When someone who has a resource consent dies, the consent goes to the person looking after their belongings, and they can deal with it like the original owner could. If the person who has a resource consent goes bankrupt, the consent goes to the Official Assignee, and they can deal with it like the original owner could.

You can treat a resource consent like property for some purposes, such as under the Protection of Personal and Property Rights Act 1988. The person who has a resource consent can grant a charge over it, like they would with personal property, but it can only be transferred in certain ways. The Personal Property Securities Act 1999 applies to resource consents in certain situations.

A coastal permit does not give you the right to keep others out of a coastal area, or to use and occupy it like you would if you were renting the land. It also does not give you the right to remove natural materials like sand or shell from the area, unless the permit says you can. There are some exceptions to these rules, but they are limited to what is necessary to achieve the purpose of the permit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235201.

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Part 6 Resource consents
Nature of resource consent

122Consents not real or personal property

  1. A resource consent is neither real nor personal property.

  2. Except as expressly provided otherwise in the conditions of a consent,—

  3. on the death of the holder of a consent, the consent vests in the personal representative of the holder as if the consent were personal property, and he or she may deal with the consent to the same extent as the holder would have been able to do; and
    1. on the bankruptcy of an individual who is the holder of a consent, the consent vests in the Official Assignee as if it were personal property, and he or she may deal with the consent to the same extent as the holder would have been able to do; and
      1. a consent shall be treated as property for the purposes of the Protection of Personal and Property Rights Act 1988.

        1. The holder of a resource consent may grant a charge over that consent as if it were personal property, but the consent may only be transferred to the chargee, or by or on behalf of the chargee, to the same extent as it could be so transferred by the holder.

        2. Subject to the provisions of this Act, and in particular to subsection (3), the Personal Property Securities Act 1999 applies in relation to a resource consent as if—

        3. the resource consent were goods within the meaning of that Act; and
          1. the resource consent were situated in the provincial district in which the activity permitted by the consent may be carried out (or, where it may be carried out in more than 1 provincial district, in those provincial districts).

            1. Except to the extent—

            2. that the coastal permit expressly provides otherwise; and
              1. that is reasonably necessary to achieve the purpose of the coastal permit,—
                  1. no coastal permit shall be regarded as—
                1. an authority for the holder to occupy a coastal marine area to the exclusion of all or any class of persons; or
                  1. conferring on the holder the same rights in relation to the use and occupation of the area against those persons as if he or she were a tenant or licensee of the land.

                    1. Except to the extent—

                    2. that the consent expressly provides otherwise; and
                      1. that is reasonably necessary to achieve the purpose of the consent,—
                          1. no coastal permit shall be regarded as an authority for the holder to remove sand, shingle, shell, or other natural material as if it were a licence or profit à prendre.

                        Notes
                        • Section 122(4): replaced, on , by section 191(1) of the Personal Property Securities Act 1999 (1999 No 126).
                        • Section 122(5)(c): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                        • Section 122(6): amended, on , by section 70 of the Resource Management Amendment Act 1993 (1993 No 65).