108AARequirements for conditions of resource consents

1. A consent authority must not include a condition in a resource consent for an activity unless—

2. the applicant for the resource consent agrees to the condition; or
3. the condition is directly connected to 1 or more of the following:
   1. an adverse effect of the activity on the environment:
   2. an applicable district or regional rule, or a national environmental standard:
   3. a wastewater environmental performance standard made under section 138 of the Water Services Act 2021:
   4. a stormwater environmental performance standard made under section 139A of the Water Services Act 2021:
   5. an infrastructure design solution; or
4. the condition relates to administrative matters that are essential for the efficient implementation of the relevant resource consent.

5. Subsection (1) does not limit this Act or regulations made under it.

6. This section does not limit section 77A (power to make rules to apply to classes of activities and specify conditions), 106 (consent authority may refuse subdivision consent in certain circumstances), 106A (consent authority may refuse land use consent in certain circumstances), or 220 (condition of subdivision consents).

7. For the purpose of this section, a district or regional rule or a national environmental standard is applicable if the application of that rule or standard to the activity is the reason, or one of the reasons, that a resource consent is required for the activity.

8. Nothing in this section affects section 108(2)(a) (which enables a resource consent to include a condition requiring a financial contribution).