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Planning Bill

Planning consents - Nature of consents, commencement, duration and review - Duration

164: Exercise of consent while applying for new consent

You could also call this:

"Keeping your consent while waiting for a new one"

Illustration for Planning Bill

If you have a planning consent that is about to expire, you can apply for a new one. You must apply to the right consent authority at least 6 months before your current consent expires. This means you can keep operating under your current consent while you wait for a decision on your new application. If you apply between 6 months and 3 months before your consent expires, you might still be able to keep operating. The consent authority will decide if you can continue. You can keep operating until your new consent is granted or declined and all appeals are finished. If your activity is regulated by environmental standards, you might be able to keep operating even after your consent has expired. You can do this for a certain amount of time, which will be specified in the standards or until a decision is made on your new application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520486.

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Topics:
Environment and resources > Town planningBusiness > Industry rules
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163: Duration of planning consent, or

"How long your planning consent lasts"

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165: Lapsing of consent, or

"What happens when planning consent runs out of time"

Part 4Planning consents
Nature of consents, commencement, duration and review: Duration

164Exercise of consent while applying for new consent

  1. Subsection (3) applies when—

  2. a planning consent is due to expire; and
    1. the consent holder applies for a new consent for the same activity; and
      1. the application is made to the appropriate consent authority; and
        1. the application is made at least 6 months before the expiry of the existing consent.

          1. Subsection (3) also applies when—

          2. a planning consent is due to expire; and
            1. the consent holder applies for a new consent for the same activity; and
              1. the application is made to the appropriate consent authority; and
                1. the application is made in the period that—
                  1. begins 6 months before the expiry of the existing consent; and
                    1. ends 3 months before the expiry of the existing consent; and
                    2. the consent authority, in its discretion, allows the holder to continue to operate.

                      1. The holder of the planning consent may continue to operate under the existing consent until—

                      2. a new consent is granted and all appeals are determined; or
                        1. a new consent is declined and all appeals are determined.

                          1. The holder of a planning consent for an activity that is regulated by a wastewater environmental performance standard or a stormwater environmental performance standard may, if they make an application under subsection (1) or (2), continue to operate under an expired consent—

                          2. for the duration specified in the environmental performance standard; or
                            1. if the environmental performance standard does not specify a duration, until the date determined under subsection (3).