Resource Management Act 1991

Resource consents - Nature of resource consent

122A: Resource consent prevails over specified instruments

You could also call this:

"If you got permission to do something before new rules were made, the permission is more important than the rules."

Illustration for Resource Management Act 1991

You have a resource consent that was granted before some rules were made. The resource consent is more important than those rules. Those rules include a stormwater environmental performance standard under section 139A of the Water Services Act 2021 and a wastewater environmental performance standard made under section 138 of the Water Services Act 2021. You need to know that this can change if the consent authority reviews the conditions of the resource consent under section 128(1)(bc). The review might result in the rules being more important than the resource consent. This means the resource consent will no longer prevail over those rules. The rules that the resource consent prevails over are specific and were made after the resource consent was granted. The resource consent is like a permission to do something, and it was given before those rules existed. The permission is still valid, even if the rules say something different, unless the consent authority reviews and changes it.

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

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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."


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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).