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StatuteResource Management Act 1991

Section 132 — Resource Management Act 1991: Decisions on review of consent conditions

Text of the provision Official document

132 Decisions on review of consent conditions (1) A consent authority may change the conditions of a resource consent (other than any condition as to the duration of the consent) on a review under section 128 if, and only if, one or more of the circumstances specified in that section applies. (2) Sections 106 to 116 (which relate to conditions, decisions, and notification) and sections 120 and 121 (which relate to appeals) apply, with all necessary modifications, to a review under section 128 (other than a review initiated by the Minister of Conservation) as if— (a) The review were an application for a resource consent; and (b) The consent holder were an applicant for a resource consent. (3) Sections 118 and 119 apply, with all necessary modifications, to a review of consent conditions initiated by the Minister of Conservation as if— (a) A hearing committee were a consent authority; and (b) A recommendation were a decision; and (c) A notice of review were an application for a resource consent; and (d) The consent holder were the applicant for a resource consent. (4) Notwithstanding sections 128 to 131 and subsections (1) to (3) , where— (a) A consent authority reviews a resource consent under section 128(1)(c) ; and (b) The application contained inaccuracies which the consent authority considers materially influenced the decision made on the application; and (c) There are significant adverse effects on the environment resulting from the exercise of the consent— the consent authority may cancel the resource consent. Subsection (1) was amended, as from 7 July 1993, by section 76(1) Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “ paragraphs (b) or (c) of ” and by substituting the words “ that section ” for the words “ those paragraphs ” . Subsection (4) was inserted, as from 7 July 1993, by section 76(2) Resource Management Amendment Act 1993 (1993 No 65).

Official source: legislation.govt.nz

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