Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Duration of consent

124B: Applications by existing holders of resource consents

You could also call this:

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

You can apply for a new resource consent if you already have one for using a natural resource. This applies to activities under sections 12, 13, 14, and 15 of the Resource Management Act.

If other people also apply for consents to use the same natural resource, and they can’t use it until your current consent expires, your application gets looked at first. The authority will decide on your application before considering the others.

When the authority looks at your application, they will consider how efficiently you use the resource and if you follow good industry practices. They will also check if you’ve had any enforcement orders or convictions under section 321 or section 338 of the Act. If you have, they’ll look at how many there were, how serious they were, and how recent they were.

The authority will use all the relevant parts of the Resource Management Act to make their decision about your application.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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 > Conservation

Environment and resources > Climate and energy

Government and voting > Local councils

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

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

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

“New people wanting to use natural resources can ask for permission, but they might have to wait if someone else is already using them.”

Part 6 Resource 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).