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Resource Management Act 1991

Resource consents - Decisions on applications relating to discharge of greenhouse gases

106A: Consent authority may refuse land use consent in certain circumstances

You could also call this:

"The council can say no to your land use plans if they think it's not safe because of floods or earthquakes."

Illustration for Resource Management Act 1991

When you want to use land in a certain way, you need to get a land use consent from a consent authority. The consent authority can refuse your application if they think there is a big risk from natural hazards like floods or earthquakes. They look at how likely it is that a natural hazard will happen, how much damage it could cause, and whether your proposed use of the land would make things worse or put people's health and safety at risk.

The consent authority can also give you a consent with conditions to help avoid or reduce the risks. These conditions must be similar to those that can be imposed under section 108. This means the conditions should be reasonable and related to the potential risks.

However, this rule does not apply to certain types of land use, such as building or maintaining infrastructure like roads or bridges, or farming and other primary production activities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1494577.

Topics:
Environment and resources > Town planningEnvironment and resources > ConservationHousing and property > Land use
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Part 6Resource consents
Decisions on applications relating to discharge of greenhouse gases

106AConsent authority may refuse land use consent in certain circumstances

  1. A consent authority may refuse to grant a land use consent, or may grant the consent subject to conditions, if it considers that there is a significant risk from natural hazards.

  2. For the purposes of subsection (1), an assessment of the risk from natural hazards requires a combined assessment of all of the following taken together:

  3. the likelihood of natural hazards occurring (whether individually or in combination):
    1. the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards:
      1. whether the proposed use of the land would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b):
        1. whether the proposed use of the land would result in adverse effects on the health or safety of people.

          1. Conditions imposed under subsection (1) must be—

          2. for the purposes of avoiding or mitigating the effects referred to in subsection (1); and
            1. of a type that could be imposed under section 108.

              1. This section does not apply to land use consents if the use of the land for which the consent is sought is—

              2. construction, upgrade, maintenance, or operation of infrastructure; or
                1. primary production activities, as described in the national planning standards.

                  Notes
                  • Section 106A: inserted, on , by section 40 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).