Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Duration of consent

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

You could also call this:

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

If you have a resource consent, you can ask to change or cancel one of its conditions. However, there are some rules you need to follow:

You can’t change how long the consent lasts. If you have a subdivision consent, you need to ask for changes before the survey plan is filed. After that, you’ll need to use a different process.

When you ask for a change, it’s treated like you’re applying for a new consent. The consent authority will look at how the change might affect people, especially those who had something to say about your original application.

If your consent is for aquaculture in the sea, you might not need a special decision to change it. This depends on what condition you want to change.

The consent authority will think about who might be affected by the change. They’ll look at people who commented on your first application and anyone else who might be affected now.

Remember, these are the rules for asking to change your consent. The authority will treat your request seriously, just like a new application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235220.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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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.”

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128: Circumstances when consent conditions can be reviewed, or

“The law allows authorities to check and change the rules of resource use permits in certain situations.”

Part 6 Resource consents
Duration of consent

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

  1. The holder of a resource consent may apply to a consent authority for a change or cancellation of a condition of the consent, subject to the following:

  2. the holder of a subdivision consent must apply under this section for a change or cancellation of the consent before the deposit of the survey plan (and must apply under section 221 for a variation or cancellation of a consent notice after the deposit of the survey plan); and
    1. no holder of any consent may apply for a change or cancellation of a condition on the duration of the consent.

      1. Repealed

      2. Sections 88 to 121 apply, with all necessary modifications, as if—

      3. the application were an application for a resource consent for a discretionary activity; and
        1. the references to a resource consent and to the activity were references only to the change or cancellation of a condition and the effects of the change or cancellation respectively.

          1. If the resource consent is a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, no aquaculture decision is required in respect of the application if the application is for a change or cancellation of a condition of the consent and does not relate to a condition that has been specified under section 186H(3) of the Fisheries Act 1996 as a condition that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.

          2. For the purposes of determining who is adversely affected by the change or cancellation, the consent authority must consider, in particular, every person who—

          3. made a submission on the original application; and
            1. may be affected by the change or cancellation.

              Notes
              • Section 127(1): replaced, on , by section 70 of the Resource Management Amendment Act 2005 (2005 No 87).
              • Section 127(2): repealed, on , by section 70 of the Resource Management Amendment Act 2005 (2005 No 87).
              • Section 127(3): replaced, on , by section 53(2) of the Resource Management Amendment Act 2003 (2003 No 23).
              • Section 127(3A): inserted, on , by section 34 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
              • Section 127(4): replaced, on , by section 53(2) of the Resource Management Amendment Act 2003 (2003 No 23).
              • Section 127(4): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).