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Resource Management Act 1991

Resource consents - Duration of consent

125: Lapsing of consents

You could also call this:

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

Illustration for Resource Management Act 1991

A resource consent will lapse on a certain date. This date is either specified in the consent or it is a certain number of years after the consent started. If the consent does not involve aquaculture activities in the coastal marine area or renewable energy activities, it will lapse 5 years after it started. If the consent involves aquaculture activities in the coastal marine area, it will lapse 3 years after it started. If the consent involves renewable energy activities, it will lapse 10 years after it started.

However, a consent will not lapse if you have already started using it or if you have asked to extend the time period and the consent authority agrees. The consent authority will consider whether you have made progress with the consent, whether people who might be affected agree, and how the extension will affect plans and policies. You can also ask to shorten the time period for a renewable energy activity consent.

For a subdivision consent, it is considered to be in use when a survey plan is submitted to the territorial authority under section 223. But if the survey plan is not deposited as required by section 224, the consent will lapse. Sections 357A and 357C to 358 also apply to extending the time period for a consent. This section is subject to 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 > ConservationEnvironment and resources > Farming and fishingHousing and property > Land use
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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"

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126: Cancellation of consent, or

"When a resource consent is no longer used, it can be cancelled by the consent authority."

Part 6Resource 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 does not authorise a renewable energy activity; or
    1. 3 years after the date of commencement if the consent does authorise aquaculture activities to be undertaken in the coastal marine area; or
      1. 10 years after the date of commencement if the consent authorises a renewable energy activity.

        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; or
                2. in the case of a consent authorising a renewable energy activity, the consent authority decides at the consent holder’s request to shorten the period after which the consent lapses under subsection (1)(c).

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

                  2. 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.

                  3. 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(1)(a): amended, on , by section 46(1) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                  • Section 125(1)(c): inserted, on , by section 46(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                  • Section 125(1A): replaced, on , by section 33 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                  • Section 125(1A)(c): inserted, on , by section 46(3) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                  • 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).