Section 124B — Resource Management Act 1991: Applications by existing holders of resource consents

124B Applications by existing holders of resource consents (1) This section applies when— (a) a person holds an existing resource consent to undertake an activity under any of sections 12 , 13 , 14 , and 15 using a natural resource; and (b) the person makes an application affected by section 124 ; and (c) the consent authority receives 1 or more other applications for a resource consent that— (i) are to undertake an activity using some or all of the natural resource to which the existing consent relates; and (ii) could not be fully exercised until the expiry of the existing consent. (2) The application described in subsection (1)(b) is entitled to priority over every application described in subsection (1)(c). (3) The consent authority must determine the application described in subsection (1)(b) before it determines any application described in subsection (1)(c). (4) The consent authority must determine an application described in subsection (1)(b) by applying all the relevant provisions of this Act and the following criteria: (a) the efficiency of the person's use of the resource; and (b) the use of industry good practice by the person; and (c) if the person has been served with an enforcement order not later cancelled under section 321 , or has been convicted of an offence under section 338 ,— (i) how many enforcement orders were served or convictions entered; and (ii) how serious the enforcement orders or convictions were; and (iii) how recently the enforcement orders were served or the convictions entered. Section 124B: inserted, on 9 August 2008, by section 67 of the Resource Management Amendment Act 2005 (2005 No 87).