Existing activities

Where a resource consent is due to expire and the holder of the consent applies for a new consent for the same activity at least 6 months before the expiry of the existing consent, the holder may continue to operate under the existing consent until a new consent is granted or declined and all appeals are determined. If an application is made at least 3 months before the expiry of the existing consent, the consent authority has a discretion to allow the holder to continue to operate. ⁹⁷⁵

Where another person applies for a resource consent to undertake an activity using some or all of the natural resource to which the existing consent relates, the application for renewal of the existing consent must be determined first in time. The consent authority considering the application for renewal of the existing consent must consider: ⁹⁷⁶

• The efficiency of the existing consent holder’s use of the resource
• The use of industry good practice by the existing consent holder
• If the existing consent holder has been served with an enforcement order or convicted of an offence under the Resource Management Act

Where an existing consent holder has not applied for a renewal and another person applies for a resource consent to undertake an activity using some or all of the natural resource to which the existing consent relates, the consent authority must hold the application and notify the holder of the existing consent that the application has been received and the timeframe within which the holder of the existing consent must lodge an application, in order for that application to be considered first in time. ⁹⁷⁷

Last updated at 3:12PM on December 11, 2014