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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 you already have"

Illustration for Resource Management Act 1991

If you have a resource consent, you can ask to change or cancel a condition of the consent. You must apply to the consent authority to do this. You cannot apply to change or cancel a condition that affects how long the consent lasts.

When you apply, the process is similar to applying for a new resource consent. The consent authority will consider your application and look at how the change or cancellation might affect others. They will think about people who made submissions on the original application and those who might be affected by the change.

If your consent is for aquaculture activities in the coastal marine area, there are special rules. You can find more information about these rules in section 186H(3) of the Fisheries Act 1996. The consent authority will look at who might be affected by the change or cancellation, including people who made submissions and those who might be impacted.

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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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127A: Interpretation of sections 127B and 127C, or

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Part 6Resource 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 Repealed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 (but see subsection (3B)); 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. Subsection (3)(a) does not apply if—

          3. the application relates to an aquaculture activity; and
            1. a provision in a national environmental standard—
              1. applies to applications of that kind; and
                1. states that an application by a consent holder to change or cancel consent conditions must be treated as an application for a resource consent for a controlled or restricted discretionary activity.

                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(3)(a): amended, on , by section 47(1) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                    • Section 127(3A): inserted, on , by section 34 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                    • Section 127(3B): inserted, on , by section 47(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                    • 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).