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Resource Management Act 1991

Resource consents - Review of consent conditions by consent authority

130: Public notification, submissions, and hearing, etc

You could also call this:

“Telling the public and listening to their views when changing rules for using natural resources”

When a consent authority reviews the conditions of a resource consent, they must follow certain rules. You can think of a resource consent like a special permission to do something that might affect the environment. The authority will look at the conditions of the consent, which are like rules that the person with the consent must follow.

If the consent is not a coastal permit for a restricted coastal activity, the authority will follow the same rules as if someone was applying for a new resource consent. This means they will look at the notice of review as if it was an application for a resource consent, and the person who holds the consent will be treated like the person applying for the consent. The authority will also follow rules about public notification, submissions, and hearings, which are like meetings where people can have their say.

If the consent is a coastal permit for a restricted coastal activity, the authority will follow slightly different rules. They will still look at the notice of review as if it was an application for a resource consent, and the person who holds the consent will be treated like the person applying for the consent. But only the consent holder and the Minister of Conservation can have their say at the hearing.

In some cases, the authority might not have to follow all the usual rules. For example, if a regional plan or regional coastal plan says that a rule will affect the exercise of existing resource consents under section 68(7), the authority might not have to notify the public or hold a hearing. But if the consent holder asks to be heard, the authority must listen to their submission.

The authority can also decide to notify the public and hold a hearing even if the plan says they do not have to. This might happen if the authority thinks there are special circumstances that need to be considered. When reviewing the conditions of a resource consent under section 128(1)(ba), the authority must tell the Minister about the review. The Minister can then make a submission or ask to be heard.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235244.

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

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131: Matters to be considered in review, or

"Things to think about when reviewing rules for using natural resources"

Part 6 Resource consents
Review of consent conditions by consent authority

130Public notification, submissions, and hearing, etc

  1. Sections 96 to 102 shall, with all necessary modifications, apply in respect of a review of any resource consent (other than a coastal permit granted in respect of a restricted coastal activity) as if—

  2. the notice of review under section 129 were an application for a resource consent; and
    1. the consent holder were the applicant for the resource consent.

      1. Sections 96 to 102 and section 117(4), (6), (7), and (8), with all necessary modifications, apply to the review of a coastal permit granted in respect of a restricted coastal activity as if—

      2. the notice of review under section 129 were an application for a resource consent; and
        1. the consent holder were the applicant for a resource consent.

          1. Sections 95 to 95G apply, with all necessary modifications, as if—

          2. the review of consent conditions 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 review of the conditions and to the effects of the change of conditions respectively.

              1. Repealed

              2. If a regional plan or regional coastal plan states that a rule will affect the exercise of existing resource consents under section 68(7), a consent authority—

              3. is not required to comply with sections 95 to 95G; but
                1. must hear submissions only from the consent holder if the consent holder requests (within 20 working days of service of the notice under section 129) to be heard.

                  1. Where a consent which would otherwise be heard under subsection (5) is a consent granted for a restricted coastal activity, the provisions of subsection (2) shall apply except that the only persons who may be heard in relation to the matter are the consent holder and the Minister of Conservation.

                  2. Notwithstanding subsections (5) and (6), if a consent authority considers special circumstances exist, it may require that a review be notified and a hearing be held even if a plan expressly states that a rule shall affect the exercise of existing consents under section 68(7).

                  3. When reviewing the conditions of a resource consent under section 128(1)(ba), the consent authority must serve on the Minister notice of the review, and the Minister may—

                  4. make a submission to the consent authority; and
                    1. request to be heard.

                      Notes
                      • Section 130(2): replaced, on , by section 96(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 130(3): replaced, on , by section 56(1) of the Resource Management Amendment Act 2003 (2003 No 23).
                      • Section 130(3): amended, on , by section 19 of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 130(3): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 130(4): repealed, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 130(5): replaced, on , by section 56(3) of the Resource Management Amendment Act 2003 (2003 No 23).
                      • Section 130(5)(a): amended, on , by section 19 of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 130(5)(a): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 130(6): inserted, on , by section 75(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 130(6): amended, on , by section 96(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                      • Section 130(7): inserted, on , by section 75(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 130(8): inserted, on , by section 56(4) of the Resource Management Amendment Act 2003 (2003 No 23).