The scope if resource consent conditions has been limited by RMAA17. Unless the condition is directly connected to an effect (positive or adverse) of an activity on the environment, or directly connected to an applicable rule in a plan, NES, or wastewater environmental performance standard (or the condition relates to administrative matters that are essential for the efficient implementation of the relevant resource consent), then the applicant must agree to the condition.
This allows for other matters, such as offsetting (or compensating for) adverse effects eg, where the adverse effects of an activity cannot be avoided or satisfactorily mitigated, the applicant may agree to (or propose) measures to ensure that there are some positive effects on the environment that offset or compensate for any adverse effects on the environment. These measures would have been considered in depth in the councils section 104 analysis where it is now a requirement for councils to have regard to such measures.
Any measures deemed acceptable need to be incorporated as a condition of consent to ensure that they are implemented.
Further information regarding offsetting of environmental effects
