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 the consent, subject to the following:

(a)

the holder of a subdivision consent must apply under this section for a change or cancellation of the consent before the deposit of the survey plan (and must apply under section 221 for a variation or cancellation of a consent notice after the deposit of the survey plan); and

(b)

no holder of any consent may apply for a change or cancellation of a condition on the duration of the consent.

(2)

[Repealed]

(3)

Sections 88 to 121 apply, with all necessary modifications, as if—

(a)

the application were an application for a resource consent for a discretionary activity; and

(b)

the references to a resource consent and to the activity were references only to the change or cancellation of a condition and the effects of the change or cancellation respectively.

(3A)

If the resource consent is a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, no aquaculture decision is required in respect of the application if the application is for a change or cancellation of a condition of the consent and does not relate to a condition that has been specified under section 186H(3) of the Fisheries Act 1996 as a condition that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.

(4)

For the purposes of determining who is adversely affected by the change or cancellation, the consent authority must consider, in particular, every person who—

(a)

made a submission on the original application; and

(b)

may be affected by the change or cancellation.

Section 127(1): replaced, on 10 August 2005, by section 70 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 127(2): repealed, on 10 August 2005, by section 70 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 127(3): replaced, on 1 August 2003, by section 53(2) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 127(3A): inserted, on 1 October 2011, by section 34 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 127(4): replaced, on 1 August 2003, by section 53(2) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 127(4): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).