Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Planning consents - Nature of consents, commencement, duration and review - Transfer and surrender

176: Surrender of consent

You could also call this:

"What happens when you give up a planning consent"

Illustration for Planning Bill

If you have a planning consent, you can give it up, either fully or partly, by sending a written notice to the consent authority. You do this by telling them in writing that you want to surrender your consent. The consent authority might refuse to accept part of the surrender if it affects the consent's integrity, your ability to meet other conditions, or the built environment. If you surrender your planning consent, you are still responsible for any breaches of conditions that happened before you gave it up. You also have to finish any work related to the consent unless the consent authority says otherwise. The consent authority will send you a notice to let you know they have accepted your surrender. Your surrender of the planning consent takes effect when you get the notice of acceptance from the consent authority. This means you are no longer responsible for the consent from that point on, except for the things you were responsible for before you surrendered it. The consent authority will let you know when your surrender is accepted under subsection (4).

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1522493.

This page was last updated on — View changes

Topics:
Environment and resources > Town planningHousing and property > Land use
Previous

175: Land use and subdivision consents attach to land, or

"Consents for land use and subdivision stay with the land, not the owner."

Next

177: Consent authority may treat certain activities as permitted activities, or

"Consent authority can allow some activities without extra permission"

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

176Surrender of consent

  1. The holder of a planning consent may surrender the consent, either in whole or in part, by giving written notice to the consent authority.

  2. A consent authority may refuse to accept the surrender of part of a planning consent where it considers that the surrender of that part would—

  3. affect the integrity of the consent; or
    1. affect the ability of the consent holder to meet other conditions of the consent; or
      1. lead to an adverse effect on the built environment.

        1. A person who surrenders a planning consent remains liable under this Act—

        2. for any breach of conditions of the consent that occurred before the surrender of the consent; and
          1. to complete any work to give effect to the consent unless the consent authority directs otherwise in its notice of acceptance of the surrender under subsection (4).

            1. A surrender of a planning consent takes effect on receipt by the holder of a notice of acceptance of the surrender from the consent authority.