Section 127 — Resource Management Act 1991: Change or cancellation of consent condition on application by consent holder

127 Change or cancellation of consent condition on application by consent holder (1) The holder of a resource consent may apply to a consent authority for a change or cancellation of a condition of the consent, subject to the following: (a) the holder of a subdivision consent must apply under this section for a change or cancellation of the consent before the deposit of the survey plan (and must apply under section 221 for a variation or cancellation of a consent notice after the deposit of the survey plan); and (b) no holder of any consent may apply for a change or cancellation of a condition on the duration of the consent. (2) [Repealed] (3) Sections 88 to 121 apply, with all necessary modifications, as if— (a) the application were an application for a resource consent for a discretionary activity; and (b) the references to a resource consent and to the activity were references only to the change or cancellation of a condition and the effects of the change or cancellation respectively. (4) For the purposes of determining who is adversely affected by the change or cancellation, the local authority must consider, in particular, every person who— (a) made a submission on the original application; and (b) may be affected by the change or cancellation. Subsection (1) was substituted, as from 1 August 2003, by section 53(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1) was substituted, as from 10 August 2005, by section 70 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (2) was amended, as from 7 July 1993, by section 72(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ Except in accordance with section 234, this ” for the word “ This ” . Subsection (2) was repealed, as from 10 August 2005, by section 70 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (3)(b) was substituted, as from 17 December 1997, by section 29 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (3) was substituted, as from 1 August 2003, by section 53(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 (4)(b) was amended, as from 7 July 1993, by section 72(2) Resource Management Amendment Act 1993 (1993 No 65) by omitting the word “ permitted, ” . Subsection (4) was substituted, as from 1 August 2003, by section 53(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.