Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Duration of consent

126: Cancellation of consent

You could also call this:

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

If you have a resource consent, you need to use it. If you don’t use it for 5 years, the consent authority can cancel it. They’ll let you know in writing if they do this.

There are some exceptions to this rule. Your consent might say that it can’t be cancelled even if you don’t use it. Or, you can ask the consent authority not to cancel it within 3 months of getting their notice. If you do this, they might decide not to cancel it. They’ll think about whether you’ve got approval from people who might be affected if the consent isn’t cancelled. They’ll also think about how not cancelling it fits with the rules in any plans.

If you don’t agree with what the consent authority decides, you can appeal their decision. The rules for how to do this are in Sections 357A and 357C to 358 of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235217.

Topics:
Environment and resources > Land use
Government and voting > Local councils
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125: Lapsing of consents, or

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

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127: Change or cancellation of consent condition on application by consent holder, or

“The rules for asking to change or cancel a condition on your resource consent”

Part 6 Resource consents
Duration of consent

126Cancellation of consent

  1. A consent authority may cancel a resource consent by written notice served on the consent holder if the resource consent has been exercised in the past but has not been exercised during the preceding 5 years.

  2. Subsection (1) does not apply if—

  3. the resource consent expressly provides otherwise; or
    1. within 3 months after service of the notice, an application is made to the consent authority to revoke the notice and the consent authority decides to revoke the notice and state a period after which a new notice may be served under subsection (1), after taking into account—
      1. whether the applicant has obtained approval from persons who may be adversely affected by the revocation of the notice; and
        1. the effect of the revocation of the notice on the policies and objectives of any plan or proposed plan.

        2. Sections 357A and 357C to 358 apply to this section.

        Notes
        • Section 126: replaced, on , by section 52 of the Resource Management Amendment Act 2003 (2003 No 23).
        • Section 126(3): amended, on , by section 69 of the Resource Management Amendment Act 2005 (2005 No 87).