Resource Consent Conditions

 

This guidance only includes changes to the RMA as a result of the Resource Management Amendment Act 2013 that are already in force.  Part 3 of the Amendment Act will come into effect on 3 March 2015, which is 18 months from the date of Royal Assent (3 September 2013). For more information about the amendments refer to the RLAA17 - Fact Sheets and technical guidance available on the Ministry for the Environment's website.

 

Sections 108, 127-133A and 220-221 of the Resource Management Act 1991 (RMA) deal with the inclusion, change, cancellation or review of resource consent conditions. Good resource consent conditions are fundamental to ensuring actual or potential adverse environmental effects of an activity are appropriately avoided, remedied or mitigated. It is critical that resource consent conditions are drafted carefully to ensure:

  • they are within the law
  • compliance with the conditions will result in any adverse effects being limited to the extent anticipated by the decision-maker
  • the consent holder and other parties understand exactly what the requirements are, and
  • if necessary, enforcement can be undertaken.

As a consequence, the drafting of resource consent conditions is extremely important. This guidance note provides information about the drafting of conditions, their implementation, their review, changes to, or cancellations of them.