Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Nature of resource consent

122A: Resource consent prevails over specified instruments

You could also call this:

"A resource consent is more important than some rules if you got it first."

Illustration for Resource Management Act 1991

If you get a resource consent before certain rules are made, the consent is more important than those rules. These rules include stormwater environmental performance standards under section 139A of the Water Services Act 2021 and wastewater environmental performance standards made under section 138 of the Water Services Act 2021. You need to know this applies until the consent authority reviews the conditions of the resource consent under section 128(1)(bc) and the review results in the rules prevailing over the consent.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525957.

Topics:
Environment and resources > Town planning
Previous

122: Consents not real or personal property, or

"Resource consents are not like owning a house or toy, but can be treated like property in some ways."

Next

123: Duration of consent, or

"How long your resource consent lasts"

Part 6Resource consents
Nature of resource consent

122AResource consent prevails over specified instruments

  1. A resource consent that is granted before one of the following instruments is made prevails over that instrument:

  2. a stormwater environmental performance standard under section 139A of the Water Services Act 2021:
    1. a wastewater environmental performance standard made under section 138 of the Water Services Act 2021.

      1. However, subsection (1) ceases to apply when—

      2. the consent authority reviews the conditions of the resource consent under section 128(1)(bc); and
        1. the review results in either or both of the instruments listed in subsection (1) prevailing over the resource consent.

          Notes
          • Section 122A: inserted, on , by section 88 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).