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Planning Bill

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

165: Lapsing of consent

You could also call this:

"What happens when planning consent runs out of time"

Illustration for Planning Bill

If you get a planning consent, it will lapse after a certain time. This time is either specified in the consent or it is 10 years if the consent is for a renewable energy activity, or 5 years for any other activity. You can find out more about this in the Planning Bill. If you use the consent or ask to extend the time before it lapses, it will not lapse. The consent authority will decide if you can extend the time, and they will think about whether you have made progress with the consent and if others agree with the extension. They will also think about how the extension will affect the plans and policies in place. You can ask the Planning Tribunal to review a decision about extending the time. If you have a subdivision consent, it is given effect to when you submit a survey plan to the territorial authority, but it will lapse if the plan is not deposited correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1520487.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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164: Exercise of consent while applying for new consent, or

"Keeping your consent while waiting for a new one"

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166: Cancellation of consent, or

"When a planning consent can be cancelled by the consent authority"

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

165Lapsing of consent

  1. A planning consent lapses on the date specified in the consent or, if no date is specified—

  2. 10 years after the date of commencement if the consent authorises a renewable energy activity; and
    1. 5 years after the date of commencement of the consent, in any other case.

      1. However, a consent does not lapse under subsection (1) if, before the consent lapses,—

      2. the consent is given effect to; or
        1. an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account—
          1. whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
            1. whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and
              1. the effect of the extension on the outcomes and policies in a plan; and
              2. in the case of a consent authorising a renewable energy activity, the consent authority decides at the consent holder’s request to shorten the period after which the consent lapses under subsection (1)(a).

                1. A person may apply to the Planning Tribunal under clause 15 of Schedule 10 to review a decision to grant an extension under subsection (2)(b).

                2. For the purposes of this section, a subdivision consent is given effect to when a survey plan in respect of the subdivision has been submitted to the territorial authority under clause 17 of Schedule 7, but lapses if the survey plan is not deposited in accordance with clause 23 of that schedule.