Section 104D — Resource Management Act 1991: Particular restrictions for non-complying activities

104D Particular restrictions for non-complying activities (1) Despite any decision made for the purpose of section 93 in relation to minor effects, a consent authority may grant a resource consent for a non-complying activity only if it is satisfied that either— (a) the adverse effects of the activity on the environment (other than any effect to which section 104(3)(b) applies) will be minor; or (b) the application is for an activity that will not be contrary to the objectives and policies of— (i) the relevant plan, if there is a plan but no proposed plan in respect of the activity; or (ii) the relevant proposed plan, if there is a proposed plan but no relevant plan in respect of the activity; or (iii) both the relevant plan and the relevant proposed plan, if there is both a plan and a proposed plan in respect of the activity. (2) To avoid doubt, section 104(2) applies to the determination of an application for a non-complying activity. Sections 104A to 104D were inserted, 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.