Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 106 — Consent authority may refuse subdivision consent in certain circumstances
106 Consent authority may refuse subdivision consent in certain circumstances (1) Despite section 77B , a consent authority may refuse to grant a subdivision consent, or may grant a subdivision…
Section 107 — Restriction on grant of certain discharge permits
107 Restriction on grant of certain discharge permits (1) Except as provided in subsection (2) , a consent authority shall not grant a discharge permit or a coastal permit to do something that would…
Section 107A — Restrictions on grant of resource consents
107A Restrictions on grant of resource consents (1) A consent authority must not grant an application for a resource consent to do something that will, or is likely to, have a significant adverse…
Section 107B — Provision for certain infrastructure works and related operations
107B Provision for certain infrastructure works and related operations (1) Section 107A does not prevent the grant of a resource consent to carry out— (a) an infrastructure work and its associated…
Section 107C — Circumstances when written approval for resource consent required from holder of customary rights order
107C Circumstances when written approval for resource consent required from holder of customary rights order (1) This section applies if— (a) the holder of a customary rights order gives written…
Section 107D — Process to apply if grant of resource consent has effect of cancelling customary rights order
107D Process to apply if grant of resource consent has effect of cancelling customary rights order (1) If the effect of carrying out the proposed activity under a resource consent granted in the…
Section 107E — Decision on application to undertake non-aquaculture activity in aquaculture management area
107E Decision on application to undertake non-aquaculture activity in aquaculture management area (1) This section applies when a person applies for a coastal permit to undertake an activity in an…
Section 108 — Conditions of resource consents
108 Conditions of resource consents (1) Except as expressly provided in this section and subject to any regulations, a resource consent may be granted on any condition that the consent authority…
Section 108A — Bonds
108A Bonds (1) A bond required under section 108(2)(b) may be given for the performance of any 1 or more conditions the consent authority considers appropriate and may continue after the expiry of…
Section 109 — Special provisions in respect of bonds or covenants
109 Special provisions in respect of bonds or covenants (1) Every bond given under section 108A in respect of a land use consent or subdivision consent, and any other bond to which this subsection is…
Section 110 — Refund of money and return of land where activity does not proceed
110 Refund of money and return of land where activity does not proceed (1) Subject to subsection (2) , where— (a) A resource consent includes a condition under section 108(2)(a) ; and (b) That…
Section 111 — Use of financial contributions
111 Use of financial contributions Where a consent authority has received a cash contribution under section 108(2)(a) , the authority shall deal with that money in reasonable accordance with the…
Section 112 — Obligation to pay rent and royalties deemed condition of consent
112 Obligation to pay rent and royalties deemed condition of consent (1) In every coastal permit authorising the holder to— (a) [Repealed] (b) Remove any sand, shingle, shell, or other natural…
Section 113 — Decisions on applications to be in writing, etc
113 Decisions on applications to be in writing, etc (1) Every decision on an application for a resource consent shall be in writing and state— (a) The reasons for the decision; and (aa) the relevant…
Section 114 — Notification
114 Notification (1) A consent authority must ensure that a copy of a decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be…
Section 115 — Time limits for notification of decision
115 Time limits for notification of decision Notice of a decision on an application for a resource consent must be given in accordance with section 114 ,— (a) if a hearing is held, no later than 15…
Section 116 — When a resource consent commences
116 When a resource consent commences (1) Except as provided in subsections (1A) , (2) , and (3) , every resource consent that has been granted commences— (a) When the time for lodging appeals…
Section 117 — Application to carry out a restricted coastal activity
117 Application to carry out a restricted coastal activity (1) Where any person applies for a coastal permit to carry out any activity which a regional coastal plan describes as a restricted coastal…
Section 118 — Recommendation of hearing committee
118 Recommendation of hearing committee (1) Every recommendation of a committee under section 117 shall be in writing and state the reasons for the recommendation. (2) A committee under section 117…
Section 119 — Decision on application for restricted coastal activity
119 Decision on application for restricted coastal activity (1) Within 20 working days of receiving— (a) A recommendation on an application for a coastal permit for a restricted coastal activity; or…
Section 119A — Residual powers of regional council
119A Residual powers of regional council Where the Minister of Conservation has granted a coastal permit for a restricted coastal activity, the regional council which would otherwise have decided the…
Section 120 — Right to appeal
120 Right to appeal (1) Any one or more of the following persons may appeal to the Environment Court in accordance with section 121 against the whole or any part of a decision of a consent authority,…
Section 121 — Procedure for appeal
121 Procedure for appeal (1) Notice of an appeal under section 120 shall be in the prescribed form and shall— (a) State the reasons for the appeal and the relief sought; and (b) State any matters…
Section 122 — Consents not real or personal property
122 Consents not real or personal property (1) A resource consent is neither real nor personal property. (2) Except as expressly provided otherwise in the conditions of a consent,— (a) On the death…
Section 123 — Duration of consent
123 Duration of consent Except as provided in section 125 ,— (a) The period for which a coastal permit for a reclamation, or a land use consent in respect of a reclamation that would otherwise…
Section 124 — Exercise of resource consent while applying for new consent
124 Exercise of resource consent while applying for new consent (1) Subsection (3) applies when— (a) a resource consent is due to expire; and (b) the holder of the consent applies for a new consent…
Section 124A — When sections 124B and 124C apply and when they do not apply
124A When sections 124B and 124C apply and when they do not apply (1) Sections 124B and 124C apply to an application affected by section 124 if, when the application is made, the relevant plan has…
Section 124B — Applications by existing holders of resource consents
124B Applications by existing holders of resource consents (1) This section applies when— (a) a person holds an existing resource consent to undertake an activity under any of sections 12 , 13 , 14 ,…
Section 124C — Applications by persons who are not existing holders of resource consents
124C Applications by persons who are not existing holders of resource consents (1) This section applies when— (a) a person makes an application for a resource consent to undertake an activity under…
Section 125 — Lapsing of consent
125 Lapsing of consent (1) A resource consent lapses on the date specified in the consent or, if no date is specified, 5 years after the date of commencement of the consent unless, before the consent…
Section 126 — Cancellation of consent
126 Cancellation of consent (1) A consent authority may cancel a resource consent by written notice served on the consent holder if the resource consent has been exercised in the past but has not…
Section 127 — 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…
Section 128 — 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…
Section 129 — Notice of review
129 Notice of review (1) A notice under section 128 — (a) Shall advise the consent holder of the conditions of the consent which are the subject of the review; and (b) Shall state the reasons for the…
Section 130 — Public notification, submissions, and hearing, etc
130 Public notification, submissions, and hearing, etc (1) Sections 96 to 102 shall, with all necessary modifications, apply in respect of a review of any resource consent (other than a coastal…
Section 131 — Matters to be considered in review
131 Matters to be considered in review (1) When reviewing the conditions of a resource consent, the consent authority or hearing committee set up under section 117 in respect of a permit for a…
Section 132 — Decisions on review of consent conditions
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 133 — Powers under Part 12 not affected
133 Powers under Part 12 not affected Nothing in sections 127 to 132 limits the power of the Environment Court to change or cancel a resource consent by an enforcement order under Part 12 . The words…
Section 133A — Minor corrections of resource consents
133A Minor corrections of resource consents A consent authority that grants a resource consent may, within 15 working days of the grant, issue an amended consent that corrects minor mistakes or…
Section 134 — Land use and subdivision consents attach to land
134 Land use and subdivision consents attach to land (1) Except as provided in subsection (2) , a land use consent and a subdivision consent shall attach to the land to which each relates and…
Section 135 — Transferability of coastal permits
135 Transferability of coastal permits (1) A holder of a coastal permit— (a) May transfer the whole or any part of the holder's interest in the permit to any other person: (b) May not transfer the…
Section 136 — Transferability of water permits
136 Transferability of water permits (1) A holder of a water permit granted for damming or diverting water may transfer the whole of the holder's interest in the permit to any owner or occupier of…
Section 137 — Transferability of discharge permits
137 Transferability of discharge permits (1) The holder of a discharge permit may— (a) transfer part or all of the holder's interest in the permit; and (b) make the transfer for part or all of the…
Section 138 — Surrender of consent
138 Surrender of consent (1) The holder of a resource consent may surrender the consent, either in whole or part, by giving written notice to the consent authority. (2) A consent authority may refuse…
Section 138A — Special provisions relating to coastal permits for dumping and incineration
138A Special provisions relating to coastal permits for dumping and incineration (1) Without limiting section 104 , when considering an application for a coastal permit to do something that would…
Section 139 — 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…
Section 139A — Consent authorities to issue existing use certificates
139A Consent authorities to issue existing use certificates (1) A person may request the consent authority to issue a certificate that— (a) describes a use of land in a particular location; and (b)…
Section 140 — Meaning of applicant, local authority, and matter in sections 141 to 150AA
140 Meaning of applicant, local authority, and matter in sections 141 to 150AA In sections 141 to 150AA ,— (a) applicant means— (i) an applicant for a resource consent; or (ii) a person who has…
Section 141 — Application of sections 141A to 150AA to coastal marine areas
141 Application of sections 141A to 150AA to coastal marine areas (1) If a matter relates wholly to a coastal marine area, sections 141A to 150AA apply to the matter with the following modifications:…
Section 141A — Minister's power to intervene
141A Minister's power to intervene (1) This section applies when the Minister— (a) receives a request to intervene on a matter from— (i) 1 or more applicants; or (ii) a local authority required to…