Section 128 — Resource Management Act 1991: Circumstances when consent conditions can be reviewed

128 Circumstances when consent conditions can be reviewed (1) A consent authority may, in accordance with section 129 , serve notice on a consent holder of its intention to review the conditions of a resource consent— (a) At any time or times specified for that purpose in the consent for any of the following purposes: (i) To deal with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or (ii) To require a holder of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or 15B to adopt the best practicable option to remove or reduce any adverse effect on the environment; or (iii) For any other purpose specified in the consent; or (b) In the case of a water, coastal, or discharge permit, when a regional plan has been made operative which sets rules relating to maximum or minimum levels or flows or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water, and in the regional council's opinion it is appropriate to review the conditions of the permit in order to enable the levels, flows, rates, or standards set by the rule to be met; or (ba) in the case of a water, coastal, or discharge permit, when relevant national environmental standards have been made; or (c) If the information made available to the consent authority by the applicant for the consent for the purposes of the application contained inaccuracies which materially influenced the decision made on the application and the effects of the exercise of the consent are such that it is necessary to apply more appropriate conditions. (2) [Repealed] Subsection (1)(a) was amended, as from 7 July 1993, by section 73(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ or times ” and by substituting in subpara (ii) the words “ holder of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 ” for the words “ discharge permit holder ” . Subsection (1)(a)(ii) was amended, as from 20 August 1998, by section 30 Resource Management Amendment Act 1997 (1997 No 104) by inserting the expression “ or 15B ” . See clause 2 Resource Management Amendment Act 1997 Commencement Order 1998 (SR 1998/210). Subsection (1)(b) was substituted, as from 7 July 1993, by section 73(2) Resource Management Amendment Act 1993 (1993 No 65). Subsection (1)(ba) was inserted, as from 1 August 2003, by section 54 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)(ba) was amended, as from 10 August 2005, by section 71(1) Resource Management Amendment Act 2005 (2005 No 87) by omitting the words “ under section 43 ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (2) was inserted, as from 7 July 1993, by section 73(3) Resource Management Amendment Act 1993 (1993 No 65). Subsection (2) was repealed, as from 10 August 2005, by section 71(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.