Resource Management Act 1991

139A Consent authorities to issue existing use certificates

(1)

A person may request the consent authority to issue a certificate that—

(a)

describes a use of land in a particular location; and

(b)

states that the use of the land was a use of land allowed by section 10 on the date on which the authority issues the certificate; and

(c)

specifies the character, intensity, and scale of the use on the date on which the authority issues the certificate.

(2)

A person may request the consent authority to issue a certificate that—

(a)

describes an activity to which section 10A or section 20A applies; and

(b)

states that the activity was an activity allowed by section 10A or section 20A on the date on which the authority issues the certificate; and

(c)

specifies the character, intensity, and scale of the activity on the date on which the authority issues the certificate; and

(d)

describes the period for which the activity is allowed under section 10A or section 20A.

(3)

The consent authority may require the person to provide any further information that the authority considers it needs to determine whether it must issue the certificate.

(4)

The consent authority must issue a certificate under subsection (1) if it—

(a)

is satisfied that the use of the land is a use of land allowed by section 10 on the date on which the authority issues the certificate; and

(b)

receives payment of the appropriate administrative charge.

(5)

The consent authority must issue a certificate under subsection (2) if it—

(a)

is satisfied that the activity is an activity allowed by section 10A or section 20A on the date on which the authority issues the certificate; and

(b)

receives payment of the appropriate administrative charge.

(6)

A consent authority that must issue a certificate must do so within 20 working days after the latest of the following dates:

(a)

the date on which the authority receives the request; and

(b)

the date on which the authority receives all the information required under subsection (3); and

(c)

the date on which the authority receives the payment of the appropriate administrative charge.

(7)

Subsection (8) applies if a consent authority that issued a certificate becomes aware that the information that a person provided in order to obtain the certificate contained inaccuracies.

(8)

The authority must revoke the certificate, if it is satisfied that the inaccuracies were material in satisfying the authority that it must issue the certificate.

(9)

An existing use certificate is treated as an appropriate resource consent. The provisions of this Act apply to the certificate, except for sections 87AA to 119, 120(1A) and (1B), and 123 to 150.

(10)

Sections 357A, 357AB, and 357C to 358 apply in relation to the issue or revocation of an existing use certificate.

Section 139A: inserted, on 10 August 2005, by section 78 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 139A(9): amended, on 18 October 2017, by section 151(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 139A(10): amended, on 18 October 2017, by section 151(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).