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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:

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

When a consent authority reviews the conditions of a resource consent, they need to follow a process similar to when someone applies for a new resource consent. This means they have to let people know about the review, allow them to give their opinions, and sometimes hold a hearing.

If you have a resource consent that’s being reviewed, the consent authority will treat you as if you’re applying for a new consent. They’ll use the same rules they use for new applications to decide if they need to tell the public about the review and allow people to comment on it.

For most types of resource consents, the consent authority has to follow the normal process of notifying people and accepting submissions. But there are some special cases:

If a regional plan says that a rule will affect existing resource consents, the consent authority doesn’t have to tell everyone about the review. They only need to listen to you if you ask to be heard within 20 working days of being told about the review.

For restricted coastal activities, only you and the Minister of Conservation can be heard about the review.

Sometimes, even if a plan says a rule will affect existing consents, the consent authority can decide to tell everyone and hold a hearing if they think there are special reasons to do so.

When the review is about water conservation orders, the consent authority must tell the Minister, who can then give their opinion and ask to be heard.

Remember, these rules are designed to make sure the review process is fair and that your voice is heard when your resource consent conditions are being reviewed.

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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.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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129: Notice of review, or

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

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131: Matters to be considered in review, or

“Things to think about when looking at permission rules again”

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).