Resource Management Act 1991

Resource consents - Duration of consent

126: Cancellation of consent

You could also call this:

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

If you have a resource consent, the consent authority can cancel it by sending you a written notice. This can happen if you had used the consent in the past, but not in the last 5 years. You might be able to stop the cancellation if you apply to the consent authority within 3 months of getting the notice. The authority will consider things like whether you have approval from people who might be affected, and how the cancellation would impact plans and policies, before deciding what to do, and they will follow the rules set out in Sections 357A and 357C to 358.

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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.


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125: Lapsing of consents, or

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


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

"Changing or cancelling conditions of a resource consent that you already have"

Part 6Resource 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).