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Resource Management Act 1991

Resource consents - Duration of consent

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

You could also call this:

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

When you want to use a natural resource, but you do not already have a resource consent to do so, you can apply for one under sections 12, 13, 14, and 15. You must apply more than three months before the existing consent for that resource expires, and the new consent cannot be used until the old one expires, as described in section 124B(1)(a). The consent authority will hold your application and tell the person who currently holds the consent that you have applied.

The consent authority will not process your application until they know what the current consent holder plans to do. If the current consent holder does not plan to apply for a new consent under section 124, the consent authority will process your application. If the current consent holder does apply for a new consent under section 124, the consent authority will wait until that application is decided before processing yours.

If the current consent holder’s application under section 124 is approved, your application will no longer be valid for the parts of the resource that the current holder has been granted. The consent authority must follow these rules when dealing with your application. You can find more information about these rules in sections 12, 13, 14, 15, and 124B(1)(a), and section 124.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235210.

Topics:
Environment and resources > Conservation Environment and resources > Town planning
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124B: Applications by existing holders of resource consents, or

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

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125: Lapsing of consents, or

"What happens when a resource consent expires or runs out of time"

Part 6 Resource consents
Duration of consent

124CApplications by persons who are not existing holders of resource consents

  1. This section applies when—

  2. a person makes an application for a resource consent to undertake an activity under any of sections 12, 13, 14, and 15 using a natural resource; and
    1. the person does not hold an existing consent for the same activity using some or all of the same natural resource; and
      1. a consent granted as a result of the application could not be fully exercised until the expiry of the consent described in section 124B(1)(a); and
        1. the person makes the application more than 3 months before the expiry of the consent described in section 124B(1)(a).

          1. The consent authority must—

          2. hold the application without processing it; and
            1. notify the holder of the existing consent—
              1. that the application has been received; and
                1. that the holder may make an application affected by section 124.

                2. If the holder of the existing consent notifies the consent authority in writing that the holder does not propose to make an application affected by section 124, the consent authority must process and determine the application described in subsection (1)(a).

                3. If the holder of the existing consent does not make an application affected by section 124 more than 3 months before the expiry of the consent, the consent authority must process and determine the application described in subsection (1)(a).

                4. If the holder of the existing consent makes an application affected by section 124 more than 3 months before the expiry of the consent, the consent authority must hold the application described in subsection (1)(a) until the determination of the holder's application and any appeal.

                5. If the result of the determination of the holder's application and any appeal is that the holder's application affected by section 124 is granted, the application described in subsection (1)(a) lapses to the extent to which the use of the resource has been granted to the holder.

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