Section 126 — Resource Management Act 1991: Cancellation of consent

126 Cancellation of consent (1) A consent authority may cancel a resource consent by written notice served on the consent holder if the resource consent has been exercised in the past but has not been exercised during the preceding 5 years. (2) Subsection (1) does not apply if— (a) the resource consent expressly provides otherwise; or (b) within 3 months after service of the notice, an application is made to the consent authority to revoke the notice and the consent authority decides to revoke the notice and state a period after which a new notice may be served under subsection (1) , after taking into account— (i) whether the applicant has obtained approval from persons who may be adversely affected by the revocation of the notice; and (ii) the effect of the revocation of the notice on the policies and objectives of any plan or proposed plan. (3) Sections 357A and 357C to 358 apply to this section. Section 126 was substituted, as from 1 August 2003, by section 52 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (3) was amended, as from 10 August 2005, by section 69 Resource Management Amendment Act 2005 (2005 No 87) by substituting the words “ 357A and 357C to ” for the expression “ 357 and ” . See sections 131 to 135 of that Act as to the transitional provisions.