Understanding Resource Consents: Key Information & FAQs

FAQ

Can I change my consent conditions?

At any time, you can apply to change or cancel a consent condition:

For changes to conditions for applications that were not notified or were not the subject of submissions, this may be a simple process involving a report by the consent officer and an amendment of your consent.

For changes to conditions for applications that were publicly notified and were the subject of submissions, the process may involve obtaining agreement from the submitters, or may even require a hearing.

The expiry date of a resource consent cannot be changed by seeking a change of conditions.

Contact Gulab if you want condition(s) to be varied or cancelled.

What happens if I do not use my consent?

If you dont use your consent within five years of your consent being approved, it will lapse and you will not be able to use it. There may be instances where conditions on your consent specify a shorter period than five years. If you dont want your consent to lapse, you can apply for an extension of lapse time but you need to do this before your consent lapses. Gulab can make this application for you.

Also, if you start using your resource consent then stop using it altogether for five years or more, Council can cancel it.

Can I surrender my consent?

Yes, if you no longer wish to undertake the activity which it authorises. Council must give notice of acceptance before the surrender takes effect. Prior to surrender you are liable for:

Any non-compliance with any consent conditions prior to surrender.

Any consent holder charges for the consent up to the time of its surrender.

If there are any incomplete works at the time you apply to surrender the consent, Council may direct you to complete the works.

Gulab can assist you here for making an application to Council if you wish to surrender your consent.

Can I transfer my resource consent to someone else?

Resource consents relating to land use generally ‘run with the land’ and will be transferred when you sell your property or business and the new owner wishes to continue the activity authorised by the consent.

Regional consents such as air, discharge and coastal consents belong to the consent holder. They can be transferred but you will have to notify Council before any transfer takes effect.

What happens if I don’t use my consent?

If you do not start the activity authorised by your resource consent within five years of it being granted (or the commencement date specified on the consent), the resource consent will automatically lapse. If a consent is exercised and then not exercised for a continuous period of five years Council can also cancel a consent by giving written notice to the consent holder.

You can apply to Council for an extension of the lapsing period provided you apply before the consent lapses.

Can I change my resource consent?

The duration or term of the resource consent cannot be changed. However, you can apply to change or cancel any other conditions.

Can I cancel my resource consent?

Yes, you can. There are conditions attached to the process. Please contact Gulab or Council to find out more.

Can someone else apply for a consent on my behalf?

Yes. You can ask someone else, such as Gulab, to apply for your resource consent on your behalf. They should be listed under the name and address for service on the resource consent application form. Council will deal with Gulab throughout the consent application process.

What is involved in the monitoring of resource consents?

Monitoring resource consent activity is done to check on the activity’s environmental effects and to check whether a consent is being used according to its limits and conditions.

Some consent holders are required to do monitoring themselves and send the results to Council for checking. Council staff also carries out compliance monitoring. Sometimes a combination is used.

Council staff may also undertake monitoring if Council receives a complaint about an activity that affects the environment.

Are there charges for holding a resource consent?

Yes. Some resource consent holders are charged annual fees.

In addition, the direct costs of Council monitoring consent conditions are recovered from the consent holder.

General Inquiry

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