Changing consent conditions

The consent holder can apply to the consent authority to change or cancel conditions attached to a resource consent (other than the duration of the consent). An application to change or cancel conditions of consent is treated in the same way as a resource consent application for a discretionary activity. ⁹⁹⁰

Whether an application should be treated as seeking a variation or consent to a materially different activity is a question of fact and degree to be determined by comparing the activity for which consent was granted and the nature of the activity if the variation were approved. Where the variation would result in a fundamentally different activity or one having materially different adverse effects or would expand or extend the original activity it should be treated as a new application. ⁹⁹¹

An application for a change to consent conditions is processed as if it were an application for resource consent for a discretionary activity and the consent holder were the applicant. The effects which are to be considered are the effects of the change of conditions, not the effects of the consent already granted. In making a notification decision, the consent authority must consider any person who made a submission on the original application and every person who may be affected by the new application.

If you are a consent holder and you wish to apply for a change or cancellation of a condition of your consent you will need to prepare an application in accordance with Form 10.

If an application for a change or cancellation of a consent condition is notified a submission must be prepared in accordance with Form 15.

Last updated at 3:18PM on December 11, 2014