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Resource Management Act 1991

Resource consents - Duration of consent

124: Exercise of resource consent while applying for new consent

You could also call this:

“You can keep using your old permission while asking for a new one if you apply early enough”

You can keep using your current resource consent while you’re applying for a new one for the same activity. This applies if you submit your application to the right authority at least 6 months before your current consent expires.

If you apply between 6 months and 3 months before your consent expires, the authority can choose to let you keep operating.

In both cases, you can continue using your existing consent until a decision is made on your new application and any appeals are sorted out. This applies whether your new consent is approved or declined.

These rules don’t apply to applications covered by section 165ZH.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235206.

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Part 6 Resource consents
Duration of consent

124Exercise of resource consent while applying for new consent

  1. Subsection (3) applies when—

  2. a resource consent is due to expire; and
    1. the holder of the consent applies for a new consent for the same activity; and
      1. the application is made to the appropriate consent authority; and
        1. the application is made at least 6 months before the expiry of the existing consent.

          1. Subsection (3) also applies when—

          2. a resource consent is due to expire; and
            1. the holder of the consent applies for a new consent for the same activity; and
              1. the application is made to the appropriate consent authority; and
                1. the application is made in the period that—
                  1. begins 6 months before the expiry of the existing consent; and
                    1. ends 3 months before the expiry of the existing consent; and
                    2. the authority, in its discretion, allows the holder to continue to operate.

                      1. The holder may continue to operate under the existing consent until—

                      2. a new consent is granted and all appeals are determined; or
                        1. a new consent is declined and all appeals are determined.

                          1. This section does not apply to an application to which section 165ZH applies.

                          Notes
                          • Section 124: replaced, on , by section 66 of the Resource Management Amendment Act 2005 (2005 No 87).
                          • Section 124(4): inserted, on , by section 32 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).