131Matters to be considered in review

1. When reviewing the conditions of a resource consent, the consent authority—

2. shall have regard to the matters in section 104 and to whether the activity allowed by the consent will continue to be viable after the change; and
3. in the case of a review under section 128(2), must have regard to any reasons that the court provided for making the order requiring the review; and
4. may have regard to the manner in which the consent has been used.

5. Before changing the conditions of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 (relating to the discharge of contaminants) or 15B to include a condition requiring the holder to adopt the best practicable option to remove or reduce any adverse effect on the environment, the consent authority shall be satisfied, in the particular circumstances and having regard to—

6. the nature of the discharge and the receiving environment; and
7. the financial implications for the applicant of including that condition; and
8. other alternatives, including a condition requiring the observance of minimum standards of quality of the receiving environment—
that including that condition is the most efficient and effective means of removing or reducing that adverse effect.

Notes

• Section 131(1): amended, on 1 October 2009, by section 97(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
• Section 131(1)(aa): inserted, on 1 October 2009, by section 97(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
• Section 131(2): amended, on 20 August 1998, by section 31 of the Resource Management Amendment Act 1997 (1997 No 104).