116 When a resource consent commences

(1)

Except as provided in subsections (1A), (2), (4), and (5), or sections 116A and 116B, every resource consent that has been granted commences—

(a)

when the time for lodging appeals against the grant of the consent expires and no appeals have been lodged; or

(b)

when the Environment Court determines the appeals or all appellants withdraw their appeals—

unless the resource consent states a later date or a determination of the Environment Court states otherwise.

(1A)

A resource consent that has been granted—

(a)

for a non-notified application; or

(b)

for a notified application where the time for lodging submissions has expired and either—

(i)

no submissions are received; or

(ii)

all submissions received are withdrawn before a decision is made—

commences on the date on which the decision on the application is notified under section 114 or on such later date as is stated in the resource consent, unless an appeal has been lodged, in which case subsection (1) applies, or an objection has been made under section 357A, in which case subsection (1AB) applies.

(1AB)

If an objection has been made under section 357A, the resource consent commences when the objection, and any appeal under section 358, has been decided or withdrawn.

(2)

A resource consent to which section 89(2) applies shall not commence—

(a)

in the case of a subdivision consent, until the date the land to which the consent relates is vested in the consent holder under section 355(3); and

(b)

in every other case, until the proposed location of the activity has been reclaimed and a certificate has been issued under section 245(5) in respect of the reclamation.

(3)

[Repealed]

(4)

Where the Environment Court grants a resource consent under section 87G or 149U, the consent commences on the date of the decision or such later date as the court states in its decision.

(5)

Where a board of inquiry grants a resource consent under section 149R, the consent commences on the date of the decision or such later date as the board states in its decision.

(6)

If a resource consent is granted for an activity in a part of the common marine and coastal area where a customary marine title order or agreement is in effect, section 68(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies.

Section 116(1): amended, on 19 April 2017, by section 188(9) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 116(1): amended, on 1 October 2011, by section 28 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 116(1): amended, on 1 October 2009, by section 88(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 116(1): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 116(1): amended, on 7 July 1993, by section 64(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 116(1): amended, on 7 July 1993, by section 64(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 116(1)(b): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).

Section 116(1A): inserted, on 7 July 1993, by section 64(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 116(1A): amended, on 1 October 2009, by section 88(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 116(1A): amended, on 10 August 2005, by section 63 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 116(1A): amended, on 1 August 2003, by section 50(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 116(1AB): inserted, on 1 August 2003, by section 50(2) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 116(1AB): amended, on 10 August 2005, by section 63 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 116(3): repealed, on 1 October 2009, by section 88(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 116(4): inserted, on 1 October 2009, by section 88(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 116(5): inserted, on 1 October 2009, by section 88(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 116(6): inserted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).