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Resource Management Act 1991

Resource consents - Decisions on applications relating to non-aquaculture activities

108AA: Requirements for conditions of resource consents

You could also call this:

“Rules for adding conditions to permits for activities that aren't fish farming”

When a consent authority gives you a resource consent, they can include conditions. However, they can only do this if you agree to the condition, or if the condition is directly related to certain things.

These things include any negative effects your activity might have on the environment, any rules that apply to your area or nationally, or standards for wastewater or stormwater. The condition could also be about administrative matters that are needed to make sure your resource consent works properly.

This rule doesn’t stop other parts of the law from working. It also doesn’t affect your ability to get a subdivision consent or the conditions that might come with it.

When we talk about a rule being ‘applicable’, we mean it’s one of the reasons you need a resource consent for your activity.

This rule doesn’t change the fact that your resource consent might include a condition that requires you to make a financial contribution.

Remember, if you’re not sure about any of this, it’s always a good idea to ask for help from someone who knows about resource consents.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7471372.

Topics:

Environment and resources > Conservation

Environment and resources > Town planning

Government and voting > Local councils

108: Conditions of resource consents, or

“Rules about what can be included when granting permission to use resources”

108A: Bonds, or

“Money or promises given to make sure people follow the rules when they do things that might affect nature”

Part 6 Resource consents
Decisions on applications relating to non-aquaculture activities

108AARequirements for conditions of resource consents

A consent authority must not include a condition in a resource consent for an activity unless—
the applicant for the resource consent agrees to the condition; or
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; or
the condition relates to administrative matters that are essential for the efficient implementation of the relevant resource consent.

Subsection (1) does not limit this Act or regulations made under it.
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), or 220 (condition of subdivision consents).
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.
Nothing in this section affects section 108(2)(a) (which enables a resource consent to include a condition requiring a financial contribution).

Notes

Section 108AA: inserted, on 18 October 2017, by section 147 of the Resource Legislation Amendment Act 2017 (2017 No 15).
Section 108AA(1)(b): replaced, on 15 November 2021, by section 206(1) of the Water Services Act 2021 (2021 No 36).
Section 108AA(1)(b)(iv): inserted, on 17 February 2024, by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).