Resource Management Act 1991

Resource consents - Review of consent conditions by consent authority

129: Notice of review

You could also call this:

“This tells you how the government must let you know when they're checking if your permission to do something is still okay.”

When a consent authority wants to review the conditions of your consent, they will send you a notice. This notice will tell you which conditions they want to review and why. They will also explain what information they used to make this decision, unless the review is based on certain specific reasons.

The notice might suggest new conditions for your consent. If it does, you have 20 working days to propose your own new conditions.

If you need to pay a charge for the review, the notice will tell you this and give you an estimate of how much it will cost.

Sometimes, the consent authority might review your consent conditions along with other consents affected by the same rule. If this is happening, they will let you know in the notice.

If the review needs to be publicly notified, the notification will include a summary of the notice you received. This notification will be sent out within 30 working days if you were invited to propose new conditions, or within 10 working days if you weren’t.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235238.

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

Previous

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.”


Next

130: Public notification, submissions, and hearing, etc, or

“Rules for telling people about changes to resource consents, hearing what they think, and deciding what to do”

Part 6 Resource consents
Review of consent conditions by consent authority

129Notice of review

  1. A notice under section 128

  2. shall advise the consent holder of the conditions of the consent which are the subject of the review; and
    1. shall state the reasons for the review; and
      1. shall specify the information which the consent authority took into account in making its decision to review the consent, unless the notice is given under section 128(1)(a) or (ba) or (2); and
        1. may propose, and invite the consent holder to propose within 20 working days of service of the notice, new consent conditions; and
          1. must advise a consent holder by whom a charge is payable under section 36(1)(cb)
            1. of the fact that the charge is payable; and
              1. of the estimated amount of the charge; and
              2. must, if section 128(2A) applies, advise that the consent authority intends to review the conditions of the resource consent together with its review of the conditions of other resource consents that are also affected by the rule referred to in section 128(1)(b)(i).
                1. If notification of the review is required under section 130, the notification must include a summary of the notice served under section 128, and must be served within—

                2. 30 working days after the service of the notice (if the consent holder is invited to propose new conditions); or
                  1. 10 working days after the service of the notice (if the consent holder is not invited to propose new conditions).
                    Notes
                    • Section 129(1)(c): amended, on , by section 95 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 129(1)(c): amended, on , by section 55(1) of the Resource Management Amendment Act 2003 (2003 No 23).
                    • Section 129(1)(d): amended, on , by section 72(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                    • Section 129(1)(e): inserted, on , by section 72(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                    • Section 129(1)(f): inserted, on , by section 39 of the Resource Management Amendment Act 2020 (2020 No 30).
                    • Section 129(2): replaced, on , by section 55(2) of the Resource Management Amendment Act 2003 (2003 No 23).