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124: Exercise of resource consent while applying for new consent
or “You can keep using your old permission while asking for a new one if you apply early enough”
You could also call this:

“This law explains when special rules apply for getting permission to use natural resources, depending on how the resource plan is set up.”

You should know about sections 124B and 124C of the Resource Management Act 1991. These sections apply in certain situations when you’re making an application that’s affected by section 124.

These sections apply to your application if:

  1. The plan hasn’t allocated any of the natural resources used for the activity when you make your application.

  2. The plan has allocated some or all of the natural resources used for the activity to the same type of activity, and the plan doesn’t say that sections 124A to 124C don’t apply.

In the second case, these sections apply only to the amount of the resource you’re asking for, as long as it’s the same as or less than what’s left after taking away amounts given to other existing resource consents.

However, sections 124B and 124C won’t apply if the plan clearly states that sections 124A to 124C don’t apply when you make your application.

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Next up: 124B: Applications by existing holders of resource consents

or “People who already have permission to use natural resources get first chance to keep using them when their permission runs out.”
Next

Part 6 Resource 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).