Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Duration of consent

125: Lapsing of consents

You could also call this:

“Resource consents expire if not used within a certain time, but you can ask for more time if needed.”

A resource consent will stop being valid (lapse) on the date stated in the consent. If no date is given, it will lapse after 5 years from when it started, unless it’s for aquaculture activities in coastal marine areas. For those, it will lapse after 3 years.

Your consent won’t lapse if you start using it before the lapse date. You can also ask the consent authority to extend the time before it lapses. They will consider if you’ve made good progress in using the consent, if you’ve got approval from people who might be affected by the extension, and how the extension fits with any plans or proposed plans.

If you disagree with the decision about extending your consent, you can appeal it using sections 357A and 357C to 358.

For subdivision consents, you’ve started using it when you give the territorial authority a survey plan. But it will still lapse if you don’t file the survey plan properly.

These rules might be different in some cases, as explained in section 150G.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235211.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
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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.”

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126: Cancellation of consent, or

“The law allows officials to cancel unused permissions after five years, but you can ask them not to.”

Part 6 Resource consents
Duration of consent

125Lapsing of consents

  1. A resource consent lapses on the date specified in the consent or, if no date is specified,—

  2. 5 years after the date of commencement of the consent, if the consent does not authorise aquaculture activities to be undertaken in the coastal marine area; or
    1. 3 years after the date of commencement if the consent does authorise aquaculture activities to be undertaken in the coastal marine area.

      1. However, a consent does not lapse under subsection (1) if, before the consent lapses,—

      2. the consent is given effect to; or
        1. an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account—
          1. whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
            1. whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and
              1. the effect of the extension on the policies and objectives of any plan or proposed plan.

              2. Sections 357A and 357C to 358 apply to subsection (1A)(b).

              3. For the purposes of this section, a subdivision consent is given effect to when a survey plan in respect of the subdivision has been submitted to the territorial authority under section 223, but shall thereafter lapse if the survey plan is not deposited in accordance with section 224.

              4. This section is subject to section 150G.

              Notes
              • Section 125 heading: amended, on , by section 71 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 125(1): replaced, on , by section 33 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
              • Section 125(1A): replaced, on , by section 33 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
              • Section 125(1B): inserted, on , by section 33 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
              • Section 125(2): inserted, on , by section 71 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 125(3): inserted, on , by section 4 of the Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 (2004 No 5).