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Resource Management Act 1991

Resource consents - Review of consent conditions by consent authority

132: Decisions on review of consent conditions

You could also call this:

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

When you want to change the conditions of a resource consent, the consent authority can do this if certain circumstances apply, as stated in section 128. You can think of a resource consent like a special permission to do something that might affect the environment. The consent authority can change the conditions, but not how long the consent lasts.

If a regional council wants to review a coastal permit, they must follow certain rules, like giving notice to the chief executive of the Ministry of Fisheries, as required by section 128(3). This is so everyone knows what is happening. The council must also follow rules about how to make decisions and tell people about them.

Other parts of the law, like sections 106 to 116 and sections 120 and 121, also apply when a consent authority reviews a resource consent. This means the authority must consider things like the conditions of the consent and whether people can appeal the decision. You can appeal a decision if you do not agree with it.

A consent authority can cancel a resource consent if they review it under section 128(1)(c) and find that the application had important inaccuracies that affected the decision. They can also cancel it if it is harming the environment. The authority can also cancel a consent if they review it under section 128(2) and it is harming the environment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235254.

Topics:
Environment and resources > Town planning Environment and resources > Conservation
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"Things to think about when reviewing rules for using natural resources"

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133: Powers under Part 12 not affected, or

"The Environment Court can still change or cancel resource consents using its special powers."

Part 6 Resource consents
Review of consent conditions by consent authority

132Decisions on review of consent conditions

  1. A consent authority may change the conditions of a resource consent (other than any condition as to the duration of the consent) on a review under section 128 if, and only if, 1 or more of the circumstances specified in that section applies.

  2. Sections 114(4) and 116A apply with all necessary modifications if a regional council decides to do a review and as a result of the review intends to change a condition of a coastal permit and it is required by section 128(3) to give notice of the intended review to the chief executive of the Ministry of Fisheries.

  3. Sections 106 to 116 (which relate to conditions, decisions, and notification) and sections 120 and 121 (which relate to appeals) apply, with all necessary modifications, to a review under section 128 as if—

  4. the review were an application for a resource consent; and
    1. the consent holder were an applicant for a resource consent.

      1. A consent authority may cancel a resource consent if—

      2. it reviews the consent under section 128(1)(c); and
        1. the application for the consent contained inaccuracies that the consent authority considers materially influenced the decision made on the application; and
          1. there are significant adverse effects on the environment resulting from the exercise of the consent.

            1. A consent authority may also cancel a resource consent if—

            2. it reviews the consent under section 128(2); and
              1. there are significant adverse effects on the environment resulting from the exercise of the consent.

                Notes
                • Section 132(1): amended, on , by section 76(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 132(1): amended, on , by section 76(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 132(1A): inserted, on , by section 36 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                • Section 132(2): amended, on , by section 98(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 132(3): replaced, on , by section 98(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 132(4): replaced, on , by section 98(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).