Section 104 — Resource Management Act 1991: Consideration of applications

104 Consideration of applications (1) When considering an application for a resource consent and any submissions received, the consent authority must, subject to Part 2 , have regard to– (a) any actual and potential effects on the environment of allowing the activity; and (b) any relevant provisions of— (i) a national policy statement: (ii) a New Zealand coastal policy statement: (iii) a regional policy statement or proposed regional policy statement: (iv) a plan or proposed plan; and (c) any other matter the consent authority considers relevant and reasonably necessary to determine the application. (2) When forming an opinion for the purposes of subsection (1)(a) , a consent authority may disregard an adverse effect of the activity on the environment if the plan permits an activity with that effect. (2A) When considering an application affected by section 124 , the consent authority must have regard to the value of the investment of the existing consent holder. (3) A consent authority must not— (a) have regard to trade competition when considering an application: (b) when considering an application, have regard to any effect on a person who has given written approval to the application: (c) grant a resource consent contrary to— (i) section 107 , 107A , 107E , or 217 : (ii) an Order in Council in force under section 152 : (iii) any regulations: (iv) a Gazette notice referred to in section 26(1) , (2) , and (5) of the Foreshore and Seabed Act 2004 : (d) grant a resource consent if the application should have been publicly notified and was not. (4) Subsection (3)(b) does not apply if a person has given written approval in accordance with that paragraph but, before the date of the hearing (if a hearing is held) or otherwise before the determination of the application, that person gives notice in writing to the consent authority that the approval is withdrawn. (5) A consent authority may grant a resource consent on the basis that the activity is a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity, regardless of what type of activity the application was expressed to be for. Section 104 was substituted, as from 7 July 1993, by section 54 Resource Management Amendment Act 1993 (1993 No 65). Subsection (3) was amended, as from 20 August 1998, by section 21(1) Resource Management Amendment Act 1997 (1997 No 104) by inserting the expression “ or 15B ” . See clause 2 Resource Management Amendment Act 1997 Commencement Order 1998 (SR 1998/210). Subsection (5) was amended, as from 17 December 1997, by section 21(2) Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “ 108(2)(g) ” for the expression “ 108(1)(g) ” . See section 78 of that Act as to the transitional provisions. Subsection (8) was substituted, as from 17 December 1997, by section 21(3) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Section 104 was substituted, as from 1 August 2003, by section 44 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2A) was inserted, as from 10 August 2005, by section 59 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (3)(c) was substituted, as from 17 January 2005, by section 24 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act. Section 104(3)(c)(i): substituted, on 28 September 2008, by section 6 of the Resource Management Amendment Act 2008 (2008 No 95).