Section 106 — Resource Management Act 1991: Consent authority may refuse subdivision consent in certain circumstances

106 Consent authority may refuse subdivision consent in certain circumstances (1) Despite section 77B , a consent authority may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions, if it considers that— (a) the land in respect of which a consent is sought, or any structure on the land, is or is likely to be subject to material damage by erosion, falling debris, subsidence, slippage, or inundation from any source; or (b) any subsequent use that is likely to be made of the land is likely to accelerate, worsen, or result in material damage to the land, other land, or structure by erosion, falling debris, subsidence, slippage, or inundation from any source; or (c) sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision. (2) Conditions under subsection (1) must be— (a) for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1) ; and (b) of a type that could be imposed under section 108 . Subsection (1) was amended, as from 7 July 1993, by section 56 Resource Management Amendment Act 1993 (1993 No 65) by inserting in paras (a) and (b) the words “ falling debris, ” . Sections 105 and 106 were 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.