Resource Management Act 1991

Resource consents - Decisions

104DA: Circumstances in which consent authority may grant resource consent contrary to standards and solutions

You could also call this:

"When can you get a resource consent even if it doesn't meet the rules?"

Illustration for Resource Management Act 1991

You can get a resource consent even if it does not meet certain standards. This can happen if the consent is needed to follow Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River. It can also happen if a regional policy statement or plan has a provision that is more strict than the standard. You might get a consent if it helps achieve the goals of Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River. This can be through a regional policy statement, a proposed regional policy statement, or a plan. The plan must have a provision that is more strict than the environmental performance standard or infrastructure design solution. There are some rules that do not apply in this situation, such as section 87A, section 104(2D) and (2E), section 105(3), section 107(4), section 123(aa) and (ab), and section 128. These rules usually apply to resource consents, but they do not apply in this specific situation. You should look at these rules to understand when they apply and when they do not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525911.

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104D: Particular restrictions for non-complying activities, or

"Rules for doing things that don't follow the environment rules"


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104E: Applications relating to discharge of greenhouse gases, or

"Rules about how to handle requests to release greenhouse gases into the air"

Part 6Resource consents
Decisions

104DACircumstances in which consent authority may grant resource consent contrary to standards and solutions

  1. Despite the provisions listed in subsection (2), a consent authority may grant a resource consent contrary to a stormwater environmental performance standard, a wastewater environmental performance standard, or an infrastructure design solution for the purpose of giving effect to—

  2. Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River; or
    1. a provision that is included in a regional policy statement or a proposed regional policy statement to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River; or
      1. a provision that—
        1. is included in a plan or proposed plan to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River; and
          1. is more stringent than the environmental performance standard or infrastructure design solution.
          2. The provisions are—

          3. section 87A:
            1. section 104(2D) and (2E):
              1. section 105(3):
                1. section 107(4):
                  1. section 123(aa) and (ab):
                    1. section 128.
                      Notes
                      • Section 104DA: inserted, on , by section 83 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).