106 Consent authority may refuse subdivision consent in certain circumstances

(1)

A consent authority may refuse to grant a subdivision consent, or may grant a subdivision consent subject to conditions, if it considers that—

(a)

there is a significant risk from natural hazards; or

(b)
[Repealed]

(c)

sufficient provision has not been made for legal and physical access to each allotment to be created by the subdivision.

(1A)

For the purpose of subsection (1)(a), an assessment of the risk from natural hazards requires a combined assessment of—

(a)

the likelihood of natural hazards occurring (whether individually or in combination); and

(b)

the material damage to land in respect of which the consent is sought, other land, or structures that would result from natural hazards; and

(c)

any likely subsequent use of the land in respect of which the consent is sought that would accelerate, worsen, or result in material damage of the kind referred to in paragraph (b).

(2)

Conditions under subsection (1) must be—

(a)

for the purposes of avoiding, remedying, or mitigating the effects referred to in subsection (1); and

(b)

of a type that could be imposed under section 108.

Section 106: replaced, on 1 August 2003, by section 44 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 106(1): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 106(1)(a): replaced, on 18 October 2017, by section 145(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 106(1)(b): repealed, on 18 October 2017, by section 145(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 106(1A): inserted, on 18 October 2017, by section 145(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).