Resource Management Act 1991

Resource consents - Duration of consent

124B: Applications by existing holders of resource consents

You could also call this:

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

When you already have a resource consent to use a natural resource, and you apply for a new consent that is affected by section 124, you get priority over other people who apply for a consent to use the same resource. You will get priority if the other applications cannot be approved until your existing consent expires. The consent authority must consider your application first and decide on it using the rules in the Resource Management Act and criteria such as how efficiently you use the resource and whether you follow industry good practice.

The consent authority also considers if you have been served with an enforcement order or convicted of an offence under sections like section 321 or section 338, and how serious or recent these were. They must apply all the relevant rules when deciding on your application. This means they have to think about how well you use the resource and if you do things in a responsible way.

The consent authority has to make a decision on your application before they make a decision on the other applications for the same resource. You have to be using the resource under sections 12, 13, 14, or 15 of the Act. The authority must follow the rules in the Act when making their decision about your application.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235209.

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use

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

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

124C: Applications by persons who are not existing holders of resource consents, or

"Applying for a resource consent when you don't already have one"

Part 6Resource consents
Duration of consent

124BApplications by existing holders of resource consents

This section applies when—
a person holds an existing resource consent to undertake an activity under any of sections 12, 13, 14, and 15 using a natural resource; and
the person makes an application affected by section 124; and
the consent authority receives 1 or more other applications for a resource consent that—
1. are to undertake an activity using some or all of the natural resource to which the existing consent relates; and
2. could not be fully exercised until the expiry of the existing consent.

The application described in subsection (1)(b) is entitled to priority over every application described in subsection (1)(c).
The consent authority must determine the application described in subsection (1)(b) before it determines any application described in subsection (1)(c).
The consent authority must determine an application described in subsection (1)(b) by applying all the relevant provisions of this Act and the following criteria:
the efficiency of the person's use of the resource; and
the use of industry good practice by the person; and
if the person has been served with an enforcement order not later cancelled under section 321, or has been convicted of an offence under section 338,—
1. how many enforcement orders were served or convictions entered; and
2. how serious the enforcement orders or convictions were; and
3. how recently the enforcement orders were served or the convictions entered.

Notes

Section 124B: inserted, on 9 August 2008, by section 67 of the Resource Management Amendment Act 2005 (2005 No 87).