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Planning Bill

Planning consents - Nature of consents, commencement, duration and review - Review of consent conditions by consent authority

172: Decisions on review of consent conditions

You could also call this:

"Changing the rules of a planning consent"

Illustration for Planning Bill

If you are looking at a planning consent, the consent authority can change its conditions under certain circumstances. They can do this if they are reviewing the consent under section 168 and one of the circumstances in that section applies to you. The rules in Subparts 4 and 5 will also apply to this review. When the consent authority reviews a planning consent under section 168, they can treat it like a new application for a planning consent. They can also treat the person who holds the consent like someone who is applying for a planning consent. This means the consent authority can make decisions about the consent as if it were a new application. The consent authority can cancel a planning consent if they review it under section 168 and the application for the consent had inaccuracies that affected the decision. They can also cancel it if the consent is having significant adverse effects on the built environment. You should note that the built environment refers to the man-made surroundings that provide the setting for human activity. The consent authority can also cancel a planning consent if they review it under a different part of section 168 and it is having significant adverse effects on the built environment. This is another circumstance under which the consent authority can cancel a planning consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1522440.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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171: Matters to be considered in review, or

"What to think about when reviewing a planning decision"

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173: Powers under Part 6 not affected, or

"The Environment Court's power to change or cancel planning consents remains the same."

Part 4Planning consents
Nature of consents, commencement, duration and review: Review of consent conditions by consent authority

172Decisions on review of consent conditions

  1. A consent authority may change the conditions of a planning consent on a review under section 168 if 1 or more of the circumstances specified in that section applies.

  2. Subparts 4 and 5 apply, with all necessary modifications, to a review under section 168 as if—

  3. the review were an application for a planning consent; and
    1. the consent holder were an applicant for a planning consent.

      1. A consent authority may cancel a planning consent if—

      2. it reviews the consent under section 168(1)(d); and
        1. the application for the consent contained inaccuracies that the authority considers materially influenced the decision made on the application; and
          1. there are significant adverse effects on the built environment resulting from the exercise of the consent.

            1. A consent authority may also cancel a planning consent if—

            2. it reviews the consent under section 168(2); and
              1. there are significant adverse effects on the built environment resulting from the exercise of the consent.