Review of consent conditions by consent authority

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 resource consent—

(a)

at any time or times specified for that purpose in the consent for any of the following purposes:

(i)

to deal with any adverse effect on the environment which may arise from the exercise of the consent and which it is appropriate to deal with at a later stage; or

(ii)

to require a holder of a discharge permit or a coastal permit to do something that would otherwise contravene section 15 or 15B to adopt the best practicable option to remove or reduce any adverse effect on the environment; or

(iii)

for any other purpose specified in the consent; or

(b)

in the case of a coastal, water, or discharge permit, when a regional plan has been made operative which sets rules relating to maximum or minimum levels or flows or rates of use of water, or minimum standards of water quality or air quality, or ranges of temperature or pressure of geothermal water, and in the regional council’s opinion it is appropriate to review the conditions of the permit in order to enable the levels, flows, rates, or standards set by the rule to be met; or

(ba)

in the case of a coastal, water, or discharge permit, or a land use consent granted by a regional council, when relevant national environmental standards or national planning standards have been made; or

(bb)

in the case of a land use consent, in relation to a relevant regional rule; or

(c)

if the information made available to the consent authority by the applicant for the consent for the purposes of the application contained inaccuracies which materially influenced the decision made on the application and the effects of the exercise of the consent are such that it is necessary to apply more appropriate conditions.

(2)

A consent authority must, in accordance with section 129, serve notice on a consent holder of its intention to review the conditions of a resource consent if required by an order made under section 339(5)(b).

(3)

A regional council must notify the chief executive of the Ministry of Fisheries as soon as is reasonably practicable if it intends to review a condition of a coastal permit authorising an aquaculture activity to be undertaken in the coastal marine area and the condition has been specified under section 186H(1A) 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.

Section 128(1)(a): amended, on 7 July 1993, by section 73(1)(a) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 128(1)(a)(ii): amended, on 20 August 1998, by section 30 of the Resource Management Amendment Act 1997 (1997 No 104).

Section 128(1)(a)(ii): amended, on 7 July 1993, by section 73(1)(b) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 128(1)(b): replaced, on 7 July 1993, by section 73(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 128(1)(b): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 128(1)(ba): replaced, on 19 April 2017, by section 78 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 128(1)(bb): inserted, on 19 April 2017, by section 78 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 128(2): replaced, on 1 October 2009, by section 94 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 128(3): inserted, on 1 October 2011, by section 35 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).