Plain language law

New Zealand law explained for everyone

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 owned like regular property, but special rules apply when the holder dies or goes bankrupt.”

A resource consent is not something you can own like a house or a car. It’s a special kind of permission, not a piece of property.

If you have a resource consent and you die, it goes to the person who handles your estate. They can use it just like you could when you were alive.

If you go bankrupt and you have a resource consent, it goes to the person who manages your bankruptcy. They can use it just like you could before you went bankrupt.

You can use a resource consent as security for a loan, like you might use a car. But you can only transfer it to the lender in the same way you could transfer it yourself.

For some legal purposes, a resource consent is treated like personal property (things you own that you can move around). This includes how it’s handled if you can’t make decisions for yourself.

If your resource consent is for doing something in the coastal marine area (like the beach or the sea), it doesn’t usually mean you can stop other people from using that area too. It also doesn’t give you the same rights as if you owned or rented that area.

If your resource consent is for the coastal marine area, it doesn’t usually allow you to take sand, stones, shells, or other natural materials as if you owned them.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

Topics:
Environment and resources > Conservation
Environment and resources > Land use
Government and voting > Local councils
Housing and property > Land use
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121: Procedure for appeal, or

“This explains how to file an appeal, including what to write and when to send it.”

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123: Duration of consent, or

“This law explains how long different types of permissions last when you're allowed to do something special with land or water.”

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).