Section 107D — Resource Management Act 1991: Process to apply if grant of resource consent has effect of cancelling customary rights order

107D Process to apply if grant of resource consent has effect of cancelling customary rights order (1) If the effect of carrying out the proposed activity under a resource consent granted in the circumstances contemplated by section 107C would be permanently to cancel the customary rights order, in whole or in part,— (a) the holder of the customary rights order must apply to cancel the order, in whole or in part, under section 60 or section 87 of the Foreshore and Seabed Act 2004 ; and (b) a decision by the consent authority to grant a resource consent for the proposed activity is of no effect until the application referred to in paragraph (a) has been determined in accordance with the Foreshore and Seabed Act 2004 and all appeal rights have been pursued. (2) However, if an application to cancel a customary rights order is declined, the relevant resource consent must be treated as if it were declined by the consent authority. 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.