Commencement of consents

A resource consent that has been granted commences:

  • For a non-notified application, when the decision is notified
  • For a notified application where no submissions are received, when the decision is notified
  • For a notified application where submissions are received, when the time for lodging appeals expires and no appeals have been lodged or when the Environment Court determines the appeals or they are withdrawn

Unless the resource consent states a later date or a determination of the Environment Court states otherwise. 965

There are two tests which apply to considering if the resource consent should commence at a different date from the default:

  • whether allowing the consent to commence pending appeal will serve the purpose of the Act; and
  • whether prejudice arises from either allowing or disallowing the consent to commence. 966

For example, if early commencement of (part of) the consent would render (part of) the appeal nugatory the application should be declined. 967

There is an exception for aquaculture set out in section 116A of the RMA.

  1. Section 121 Resource Management Act 1991

  2. Section 116 Resource Management Act 1991

  3. Walker v Manukau City Council (NZEnvC C106/99, 11 June 1999)

Last updated at 2:54PM on December 11, 2014