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Making Changes to Your Resource Consent          

This page tells you some important details about your resource consent, including how to change it and how to transfer it to someone else.

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Changing the Conditions of Your Resource Consent (Variation)          

Any consent holder may apply to the Tasman District Council to change, add or delete one or more conditions of a resource consent.  Such changes are allowed by Section 127 of the Resource Management Act.  Making a change is called a Variation.

Read Section 127 of the Resource Management Act.

Should I Apply for a Change of Conditions, or a New Resource Consent?

There is no hard and fast rule about when a change of conditions may be appropriate versus applying for a new resource consent for the activity.  But, generally, if the change of conditions changes the nature of the activity or increases the effects in any more than a very minor way, then a new resource consent should be sought to replace your existing resource consent. 

Put another way, if the change you are seeking is changing the scope or increasing the scale of the activity then a new resource consent should be sought.  Changes of conditions are best suited to, say, reducing the monitoring requirements of an activity if monitoring to date has shown an activity to be causing no effects.  In this example, the actual activity is not changing as a result of the change of conditions, just the administration of the activity.

If you are unsure, please talk to a Duty Planner.

How do I Apply to Change the Conditions of My Consent?

You must apply to the Council like you would for any other resource consent application.  Use the appropriate resource consent application form but make it clear on the form that you are seeking to change one or more conditions.  Also be sure to state the details of the resource consent you want to change.

Section 127 of the Resource Management Act says that any change of conditions must be processed as a "Discretionary Activity".  This means that the Council can consider any relevant and reasonable resource management matter in deciding whether to grant or decline an application.

How Will the Council Process My Change of Conditions Application?

When considering which persons may be affected and whether your change of conditions should be granted, the Council will consider:

  • any effects on the environment resulting from the change of conditions that are over and above those already occurring;
  • the Council's information requirements for monitoring and reporting;
  • people who were previously considered affected, and those who chose to submit on the original application;
  • any changes in planning documents such as the Tasman Resource Management Plan or any National Environmental Standards;
  • the reasons for any conditions in the original decision granted for the resource consent;
  • any other matter which it is reasonable to take in to account in the circumstances.

 

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Getting a replacement resource consent         

About Expiry Dates

Some consents have an expiry date.  Generally, consents to take water, discharge contaminants or do something in a waterway or the sea will expire.  The expiry date should be stated in your consent document.  The maximum duration of these types of resource consent before they expire is 35 years.

Land Use consents (e.g. build an overheight building or operate a cafe) and reclamation generally do not expire.

The rules for applying expiry dates to consent are controlled by Section 123 of the Resource Management Act.

New Zealand Legislation: Section 123 of the Resource Management Act.

Once set, the expiry date of a consent cannot be changed. 

How do I apply to replace my consent?

If your resource consent has expired you cannot apply to "renew" your consent but you can apply for a "replacement" consent.  The application for a replacement consent must be processed afresh.

When applying for a replacement consent you should do so more than six months before your original consent is due to expire.  This will give you special rights under Section 124 of the Resource Management Act and you will be able to continue your activity even if your resource consent expires.

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Transferring a Resource Consent to Another Person          

Land use consents that apply to a title are automatically transferred to the new owners when the title is sold.  The new owners are responsible for the consent and any conditions of the consent that must be met.

All other types of resource consent (water permits, discharge permits, land use consents to do something in a waterway, or coastal permits) must be manually transferred.  To do this you should fill in the appropriate form and send it to the Council along with the fee payable.  Both parties (i.e. the party relinquising the consent, and the new owner of the consent) must sign the form.

If a discharge consent is not transferred to the new owner, the original owner may still be liable for any monies.

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Surrendering a Resource Consent          

If you wish to surrender a resource consent, please notify the Tasman District Council using the following form:

Notice of Surrender of Resource Consent (pdf, 110 KB)

Until recently a resource consent was needed to take and use water stored in constructed ponds, reservoirs and dams. The Council has now removed this requirement, subject to meeting certain conditions. If you have a water permit that authorises a take from storage and you believe you no longer need it, you may surrender it using the following form. The form will guide you through an assessment of whether you now meet the permitted activity rule.

Surrender Water Take from Storage consent (pdf, 179 KB)

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