Section 108A — Resource Management Act 1991: Bonds

108A Bonds (1) A bond required under section 108(2)(b) may be given for the performance of any 1 or more conditions the consent authority considers appropriate and may continue after the expiry of the resource consent to secure the ongoing performance of conditions relating to long-term effects, including— (a) a condition relating to the alteration or removal of structures: (b) a condition relating to remedial, restoration, or maintenance work: (c) a condition providing for ongoing monitoring of long-term effects. (2) A condition describing the terms of the bond to be entered into under section 108(2)(b) may— (a) require that the bond be given before the resource consent is exercised or at any other time: (b) require that section 109(1) apply to the bond: (c) provide that the liability of the holder of the resource consent be not limited to the amount of the bond: (d) require the bond to be given to secure performance of conditions of the consent including conditions relating to any adverse effects on the environment that become apparent during or after the expiry of the consent: (e) require the holder of the resource consent to provide such security as the consent authority thinks fit for the performance of any condition of the bond: (f) require the holder of the resource consent to provide a guarantor (acceptable to the consent authority) to bind itself to pay for the carrying out of a condition in the event of a default by the holder or the occurrence of an adverse environmental effect requiring remedy: (g) provide that the bond may be varied or cancelled or renewed at any time by agreement between the holder and the consent authority. (3) If a consent authority considers that an adverse effect may continue or arise at any time after the expiration of a resource consent granted by it, the consent authority may require that a bond continue for a specified period that the consent authority thinks fit. Section 108A was inserted, as from 1 August 2003, by section 46 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.