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Resource Management Act 1991

Resource consents - Review of consent conditions by consent authority

128: Circumstances when consent conditions can be reviewed

You could also call this:

“When can the rules of a resource consent be changed?”

A consent authority can review the conditions of a resource consent in certain situations. You might be affected if you hold a resource consent and the authority wants to change its conditions. The authority can review the conditions at any time specified in the consent.

The authority can also review the conditions if a regional plan has rules about water or air quality. This can happen if the regional council thinks it is necessary to meet the rules in the plan. The authority must follow the rules in section 129 when reviewing the conditions.

If you have a coastal permit for an aquaculture activity, the regional council must notify the Ministry of Fisheries if it wants to review the conditions. This is because the conditions might affect the environment and the Ministry needs to know. The council must notify the Ministry as soon as possible if it intends to review the conditions, especially if the conditions were specified under section 186H(1A) of the Fisheries Act 1996.

The authority can review the conditions of multiple resource consents together if they are all affected by the same rule. This is to manage the effects of the activities carried out under the consents. The authority must serve notice on the consent holder if it intends to review the conditions, as required by section 129 or an order made under section 339(5)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235230.

Topics:
Environment and resources > Conservation Environment and resources > Town planning Housing and property > Land use
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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"

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129: Notice of review, or

"Getting a notice when someone checks and updates the rules for a project"

Part 6 Resource consents
Review of consent conditions by consent authority

128Circumstances when consent conditions can be reviewed

  1. A consent authority may, in accordance with section 129, serve notice on a consent holder of its intention to review the conditions of a resource consent—

  2. at any time or times specified for that purpose in the consent for any of the following purposes:
    1. to deal with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or
      1. to require a holder of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or 15B to adopt the best practicable option to remove or reduce any adverse effect on the environment; or
        1. for any other purpose specified in the consent; or
        2. in the case of a coastal, water, or discharge permit, or a land use consent granted by a regional council, if—
          1. a regional plan contains a rule that relates to maximum or minimum levels or flows or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water; and
            1. the rule has been made operative; and
              1. the regional council considers that it is appropriate to review the conditions of the permit or consent in order to enable the levels, flows, rates, or standards set by the rule to be met; or
              2. in the case of a coastal, water, or discharge permit, or a land use consent granted by a regional council, when relevant national environmental standards or national planning standards have been made; or
                1. in the case of a land use consent, in relation to a relevant regional rule; or
                  1. if the information made available to the consent authority by the applicant for the consent for the purposes of the application contained inaccuracies which materially influenced the decision made on the application and the effects of the exercise of the consent are such that it is necessary to apply more appropriate conditions; or
                    1. if the review is part of a review carried out under subsection (2A).

                      1. A consent authority must, in accordance with section 129, serve notice on a consent holder of its intention to review the conditions of a resource consent if required by an order made under section 339(5)(b).

                      2. If more than 1 resource consent is affected by the rule referred to in subsection (1)(b)(i), the consent authority may review the conditions of those resource consents together for the purpose of managing the effects of the activities carried out under those resource consents.

                      3. A regional council must notify the chief executive of the Ministry of Fisheries as soon as is reasonably practicable if it intends to review a condition of a coastal permit authorising an aquaculture activity to be undertaken in the coastal marine area and the condition has been specified under section 186H(1A) 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.

                      Notes
                      • Section 128(1)(a): amended, on , by section 73(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 128(1)(a)(ii): amended, on , by section 30 of the Resource Management Amendment Act 1997 (1997 No 104).
                      • Section 128(1)(a)(ii): amended, on , by section 73(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 128(1)(b): replaced, on , by section 38(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                      • Section 128(1)(ba): replaced, on , by section 78 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                      • Section 128(1)(bb): inserted, on , by section 78 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                      • Section 128(1)(d): inserted, on , by section 38(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                      • Section 128(2): replaced, on , by section 94 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 128(2A): inserted, on , by section 38(3) of the Resource Management Amendment Act 2020 (2020 No 30).
                      • Section 128(3): inserted, on , by section 35 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).