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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:

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

If you have a resource consent, you can ask the consent authority to change or cancel a condition of the consent. You must apply for this change before you do certain things, like depositing a survey plan, and you cannot ask to change the duration of the consent. The consent authority will look at your application in a similar way to a new resource consent application.

If your resource consent is for aquaculture activities in the coastal marine area, you might not need an aquaculture decision for a change or cancellation of a condition. This is unless the condition was specified under section 186H(3) of the Fisheries Act 1996.

When the consent authority is deciding who is affected by the change or cancellation, they will think about people who made a submission on the original application and people who might be affected by the change. They will also consider sections 88 to 121 and how they apply to your 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.

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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."

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128: Circumstances when consent conditions can be reviewed, or

"When can the rules of a resource consent be changed?"

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 Repealed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).