Section 107A — Resource Management Act 1991: Restrictions on grant of resource consents

107A Restrictions on grant of resource consents (1) A consent authority must not grant an application for a resource consent to do something that will, or is likely to, have a significant adverse effect on a recognised customary activity carried out in accordance with section 17A(2) , unless written approval is given for the proposed activity by the holder of the relevant customary rights order. (2) In determining whether a proposed activity will, or is likely to, have a significant adverse effect on a recognised customary activity, a consent authority must consider the following matters: (a) the effects of the proposed activity on the recognised customary activity; and (b) the area that the proposed activity would have in common with the recognised customary activity; and (c) the degree to which the proposed activity must be carried out to the exclusion of other activities; and (d) the degree to which the recognised customary activity must be carried out to the exclusion of other activities; and (e) whether the recognised customary activity can be exercised only in a particular area; and (f) whether an alternative location or method would avoid, remedy, or mitigate any significant adverse effects of the proposed activity on the recognised customary activity; and (g) whether any conditions could be included in a resource consent for the proposed activity that would avoid, remedy, or mitigate any significant adverse effects of the proposed activity on the recognised customary activity. (3) Despite sections 77B(2)(a) and 104A , subsection (1) may prevent the grant of an application for a resource consent for a controlled activity. Sections 107A to 107D were inserted, as from 17 January 2005, by section 25 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.