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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 doing something while waiting for a new permit if your old one is about to expire."

If you have a resource consent that is due to expire, and you apply for a new consent for the same activity, you can keep operating under the existing consent. You must apply for the new consent at least 6 months before the old one expires, or between 6 months and 3 months before it expires, and the consent authority must allow you to continue. You can keep operating until a new consent is granted or declined and all appeals are finished. If you apply for a new consent between 6 months and 3 months before the old one expires, the consent authority has to allow you to keep operating. This rule does not apply if your application is 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.

Topics:
Environment and resources > Town planning
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Part 6Resource 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).