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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”

A resource consent will lapse on a certain date. This date is either specified in the consent or it is 5 years after the consent started, if it does not involve aquaculture activities in the coastal marine area. If it does involve aquaculture activities, the consent will lapse after 3 years. You can think of aquaculture as farming in the water, like growing fish or shellfish. The coastal marine area is the part of the sea next to the land.

However, a consent will not lapse if you have already started using it or if you ask the consent authority to extend the time before it lapses. The consent authority will decide whether to extend the time by considering things like whether you have made progress with your project and whether extending the time will affect other people. They will also think about how the extension fits with the plans and goals for the area.

If you have a subdivision consent, it is considered to be in use when you submit a survey plan to the territorial authority under section 223. But the consent will lapse if the survey plan is not deposited as required by section 224. This section is also subject to section 150G, and sections 357A and 357C to 358 apply to some parts of it.

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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:
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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 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).