Section 116 — Resource Management Act 1991: When a resource consent commences

116 When a resource consent commences (1) Except as provided in subsections (1A) , (2) , and (3) , every resource consent that has been granted commences— (a) When the time for lodging appeals against the grant of the consent expires and no appeals have been lodged; or (b) When the Environment Court determines the appeals or all appellants withdraw their appeals— unless the resource consent states a later date or a determination of the Environment Court states otherwise. (1A) A resource consent that has been granted— (a) For a non-notified application; or (b) For a notified application where the time for lodging submissions has expired and either— (i) No submissions are received; or (ii) All submissions received are withdrawn before a decision is made— shall commence on the date on which the decision on the application is notified under section 114 or on such later date as is stated in the resource consent, unless an appeal has been lodged, in which case subsection (1) applies, or an objection has been made under section 357A , in which case subsection (1AB) applies. (1AB) If an objection has been made under section 357A , the resource consent commences when the objection, and any appeal under section 358 , has been decided or withdrawn. (2) A resource consent to which section 89(2) applies shall not commence— (a) In the case of a subdivision consent, until the date the land to which the consent relates is vested in the consent holder under section 355(3) ; and (b) In every other case, until the proposed location of the activity has been reclaimed and a certificate has been issued under section 245(5) in respect of the reclamation. (3) A coastal permit granted by the Minister of Conservation under section 119 shall commence in accordance with section 119(7) . Subsection (1) was amended, as from 7 July 1993, by section 64(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ (1A), (2), and (3) ” for the expression “ (2) and (3) ” and by inserting the words “ states a later date ” . The words “ Environment Court ” in subsection (1)(a) and (b) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). Subsection (1A) was inserted, as from 7 July 1993, by section 64(2) Resource Management Amendment Act 1993 (1993 No 65). Subsection (1A) was amended, as from 1 August 2003, by section 50(1) Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ applies, or an objection has been made under section 357, in which case subsection (1AB) applies ” for the words “ shall apply ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1A) was amended, as from 10 August 2005, by section 63 Resource Management Amendment Act 2005 (2005 No 87) by substituting the expression “ 357A ” for the expression “ 357 ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (1AB) was inserted, as from 1 August 2003, by section 50(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1AB) was amended, as from 10 August 2005, by section 63 Resource Management Amendment Act 2005 (2005 No 87) by substituting the expression “ 357A ” for the expression “ 357 ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (3) was amended, as from 7 July 1993, by section 64(3) Resource Management Amendment Act 1993 (1993 No 65) by substituting the expression “ 119(7) ” for the expression “ 119(4) ” .