Resource Management Act 1991

Resource consents - Review of consent conditions by consent authority

131: Matters to be considered in review

You could also call this:

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

When you review the conditions of a resource consent, you need to think about the things mentioned in section 104 and whether the activity will still be viable after a change. You also need to think about the reasons a court gave for making an order to review the consent, if that's why you're doing the review. You can think about how the consent has been used too. You have to consider a few things before you change the conditions of a discharge permit or a coastal permit. This is so you don't do something that would otherwise go against section 15 or 15B, which are about discharging contaminants. You must be satisfied that including a new condition is the best way to remove or reduce any bad effects on the environment. You do this by thinking about the discharge, the environment it's going into, how much it will cost the person applying, and other options.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235252.


Previous

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

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


Next

132: Decisions on review of consent conditions, or

"Changing the rules of a resource consent: how and when it can happen"

Part 6Resource consents
Review of consent conditions by consent authority

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
    1. 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
      1. may have regard to the manner in which the consent has been used.
        1. 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—

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

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