Resource Management Act 1991

Resource consents - Duration of consent

124A: When sections 124B and 124C apply and when they do not apply

You could also call this:

"When do rules 124B and 124C apply to your resource application?"

When you make an application that is affected by section 124, sections 124B and 124C apply if the relevant plan has not allocated any of the natural resources used for the activity. You need to check the plan to see if it has allocated resources for your type of activity. If the plan has allocated some resources, sections 124B and 124C might still apply.

Sections 124B and 124C also apply if the plan has allocated resources for the same type of activity as yours, and the plan does not say that these sections do not apply. You should look at how much of the resource you are asking for, and compare it to how much the plan has allocated for your type of activity. If you are asking for an amount that is equal to or smaller than the allocated amount, sections 124B and 124C apply.

However, sections 124B and 124C do not apply if the relevant plan expressly says that they do not apply when you make your application. This means you must check the plan to see if it has any rules about sections 124B and 124C. The plan's rules will determine whether sections 124B and 124C apply to your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235208.


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124: Exercise of resource consent while applying for new consent, or

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


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124B: Applications by existing holders of resource consents, or

"Applying for a new resource consent when you already have one"

Part 6Resource consents
Duration of consent

124AWhen sections 124B and 124C apply and when they do not apply

  1. Sections 124B and 124C apply to an application affected by section 124 if, when the application is made, the relevant plan has not allocated any of the natural resources used for the activity.

  2. Sections 124B and 124C also apply to an application affected by section 124 as follows:

  3. they apply if, when the application is made,—
    1. the relevant plan has allocated some or all of the natural resources used for the activity to the same type of activity; and
      1. the relevant plan does not expressly say that sections 124A to 124C do not apply; and
      2. they apply to the extent to which the amount of the resource sought by a person described in section 124B(1)(a) and (b) is equal to or smaller than the amount of the resource that—
        1. is allocated to the same type of activity; and
          1. is left after the deduction of every amount allocated to every other existing resource consent.
          2. Sections 124B and 124C do not apply to an application affected by section 124 if, when the application is made, the relevant plan expressly says that sections 124A to 124C do not apply.

          Notes
          • Section 124A: inserted, on , by section 67 of the Resource Management Amendment Act 2005 (2005 No 87).