Section 139 — Resource Management Act 1991: Consent authorities to grant certificates of compliance

139 Consent authorities to grant certificates of compliance (1) Where an activity could be lawfully carried out without a resource consent, in respect of any particular location, the consent authority shall, upon request and payment of the appropriate administrative charge, issue to any person who so requests a certificate that a particular proposal or activity complies with the plan in relation to that location. (2) A consent authority may require an applicant for a certificate of compliance to provide further information relating to the request if, in the opinion of the consent authority, the information is necessary to determine whether the particular proposal or activity complies with the plan. (3) Subject to subsection (5) , no certificate of compliance may be issued where a proposed plan has been notified and the proposal or activity is not a permitted activity, or could not lawfully be carried out without a resource consent, in relation to that location in the proposed plan. (4) A certificate of compliance shall describe the particular proposal or activity and the location concerned and be issued within 20 working days of the receipt by the consent authority of the request, or of further information requested under subsection (2) , whichever is the later. (5) A certificate of compliance shall state that the particular proposal or activity was permitted, or could be lawfully carried out without a resource consent, on the date of receipt of the request by the consent authority. (6) Subject to sections 10 , 10A , and 20A(2) , a certificate of compliance shall be deemed to be an appropriate resource consent issued subject to any conditions specified in the plan, and the provisions of this Act shall apply accordingly, except that, with the exceptions of sections 120 , 121 , 122 , 125 , 134 , 135 , 136 , and 137 , this Part does not apply. (7) Sections 357A and 357C to 358 apply in relation to an application for a certificate of compliance. Section 139 was substituted, as from 7 July 1993, by section 79 Resource Management Amendment Act 1993 (1993 No 65). Subsection (1) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the word “ an ” for the words “ a plan describes any activity as a permitted activity, or the ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (3) was amended, as from 17 December 1997, by section 32 Resource Management Amendment Act 1997 (1997 No 104) by substituting the words “ Subject to subsection (5), no ” for the word “ No ” . See section 78 of that Act as to the transitional provisions. Subsection (6) was amended, as from 10 August 2005, by section 77(1) Resource Management Amendment Act 2005 (2005 No 87) by substituting the expression “ 20A(2) ” for the expression “ 20(2) ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (7) was inserted, as from 10 August 2005, by section 77(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.