104A Determination of applications for controlled activities

After considering an application for a resource consent for a controlled activity, a consent authority—


must grant the resource consent, unless it has insufficient information to determine whether or not the activity is a controlled activity; and


may impose conditions on the consent under section 108 only for those matters—


over which control is reserved in national environmental standards or other regulations; or


over which it has reserved its control in its plan or proposed plan.

Section 104A: inserted, on 1 August 2003, by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 104A(a): replaced, on 10 August 2005, by section 60 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 104A(b): replaced, on 1 October 2009, by section 84 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).