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135: Transferability of coastal permits
or “Coastal permits can be given to others, but usually can't be moved to different places unless special rules say so.”
You could also call this:

“Rules for giving your water permit to someone else or using it in a different place”

If you have a water permit for damming or diverting water, you can give it to someone else who owns or uses the land where the permit applies. You can’t give it to anyone else or use it somewhere else.

If your water permit is for something other than damming or diverting water, you can give all or part of it to someone who owns or uses the land where the permit applies. You can also give it to someone else or use it somewhere else if both places are in the same catchment, aquifer, or geothermal field. But you can only do this if a regional plan allows it or if the authority that gave you the permit approves it when you apply.

You can give your permit to someone else for a limited time if you want.

When you give your permit to someone else, you need to tell the authority that gave you the permit in writing. If you don’t, the transfer won’t work.

If you want to give your permit to someone else in a different place, you both need to apply together using a special form. The authority will look at your application like it’s a new permit application. They’ll think about how the transfer might change things, including what happens if you stop using the permit or use it differently.

If you give all or part of your permit to someone else forever, your old permit (or the part you gave away) will be cancelled. The person you gave it to will get a new permit. If you just told the authority about the transfer, the new permit will have the same rules as your old one. If the authority had to approve the transfer, they might change the rules for the new permit.

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Next up: 137: Transferability of discharge permits

or “Rules for sharing or moving a permit that allows you to release stuff into the environment”
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Part 6 Resource consents
Transfer of consents

136Transferability of water permits

  1. A holder of a water permit granted for damming or diverting water may transfer the whole of the holder's interest in the permit to any owner or occupier of the site in respect of which the permit is granted, but may not transfer the permit to any other person or from site to site.

  2. A holder of a water permit granted other than for damming or diverting water may transfer the whole or any part of the holder's interest in the permit—

  3. to any owner or occupier of the site in respect of which the permit is granted; or
    1. to another person on another site, or to another site, if both sites are in the same catchment (either upstream or downstream), aquifer, or geothermal field, and the transfer—
      1. is expressly allowed by a regional plan; or
        1. has been approved by the consent authority that granted the permit on an application under subsection (4).

        2. A transfer under subsection (1) or subsection (2) may be for a limited period.

        3. A transfer under any of subsections (1), (2)(a), and (2)(b)(i) shall have no effect until written notice of the transfer is received by the consent authority that granted the permit.

        4. An application under subsection (2)(b)(ii)—

        5. shall be in the prescribed form and be lodged jointly by the holder of the water permit and the person to whom the interest in the water permit will transfer; and
          1. shall be considered in accordance with sections 39 to 42A, 88 to 115, 120, and 121 as if—except that, and in addition to the matters set out in section 104, the consent authority shall have regard to the effects of the proposed transfer, including the effect of ceasing or changing the exercise of the permit under its current conditions, and the effects of allowing the transfer.
            1. the application for a transfer were an application for a resource consent; and
              1. the consent holder were an applicant for a resource consent,—

              2. Where the transfer of the whole or part of the holder's interest in a water permit is notified under subsection (3), or approved under subsection (2)(b)(ii), and is not for a limited period, the original permit, or that part of the permit transferred, shall be deemed to be cancelled and the interest or part transferred shall be deemed to be a new permit—

              3. on the same conditions as the original permit (where subsection (3) applies); or
                1. on such conditions as the consent authority determines under subsection (4) (where that subsection applies).

                  Notes
                  • Section 136(2A): inserted, on , by section 74(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                  • Section 136(4)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 136(5): amended, on , by section 74(2) of the Resource Management Amendment Act 2005 (2005 No 87).