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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:

“The law explains how and when the rules for using natural resources can be changed or cancelled.”

When a group that gives permission for using resources (called a consent authority) checks the rules for using those resources, they can change those rules, but only for certain reasons mentioned in section 128.

If a regional council wants to change the rules for using the coast and needs to tell the person in charge of fishing, they have to follow special steps to let everyone know about the changes.

When the consent authority checks the rules, they treat it like someone is asking for permission to use resources for the first time. They follow the same steps for making decisions, telling people about it, and allowing people to disagree with the decision.

The consent authority can take away permission to use resources in two situations. First, if they find out that the person asking for permission didn’t tell the truth about important things, and using the resources is causing big problems for the environment. Second, if they’re checking the permission for a different reason and find that using the resources is causing big problems for 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 > Conservation
Environment and resources > Land use
Government and voting > Local councils
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131: Matters to be considered in review, or

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

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133: Powers under Part 12 not affected, or

“The Environment Court can still use its special powers to change or cancel resource consents, even if other rules say otherwise.”

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).