Section 77B — Resource Management Act 1991: Types of activities

77B Types of activities (1) If an activity is described in this Act, regulations, or a plan or proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the standards, terms, or conditions, if any, specified in the plan or proposed plan. (2) If an activity is described in this Act, regulations, or a plan or proposed plan as a controlled activity,— (a) a resource consent is required for the activity; and (aa) the consent authority must grant the resource consent, unless it has insufficient information to determine whether or not the activity is a controlled activity; and (b) the consent authority must specify in the plan or proposed plan matters over which it has reserved control; and (c) the consent authority's power to impose conditions on the resource consent is restricted to the matters that have been specified under paragraph (b) ; and (d) the activity must comply with the standards, terms, or conditions, if any, specified in the plan or proposed plan. (3) If an activity is described in this Act, regulations, or a plan or proposed plan as a restricted discretionary activity,— (a) a resource consent is required for the activity; and (b) the consent authority must specify in the plan or proposed plan matters to which it has restricted its discretion; and (c) the consent authority's powers to decline a resource consent and to impose conditions are restricted to matters that have been specified under paragraph (b) ; and (d) the activity must comply with the standards, terms, or conditions, if any, specified in the plan or proposed plan. (4) If an activity is described in this Act, regulations, or a plan or proposed plan as a discretionary activity,— (a) a resource consent is required for the activity; and (b) the consent authority may grant the resource consent with or without conditions or decline the resource consent; and (c) the activity must comply with the standards, terms, or conditions, if any, specified in the plan or proposed plan. (5) If an activity is described in this Act, regulations, or a plan or proposed plan as a non-complying activity,— (a) a resource consent is required for the activity; and (b) the consent authority may grant the resource consent with or without conditions or decline the resource consent. (6) Particular restrictions for non-complying activities are in section 104D . (7) If an activity is described in this Act, regulations, or a plan as a prohibited activity, no application may be made for that activity and a resource consent must not be granted for it. Sections 77A to 77D were inserted, as from 1 August 2003, by section 34 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2)(a) was substituted, as from 10 August 2005, by section 48 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions. Subsection (2)(aa) was inserted, as from 10 August 2005, by section 48 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.