After a consent is granted
Everybody carrying out an activity has a duty under the Resource Management Act to avoid unreasonable noise and to avoid, remedy or mitigate any adverse environmental effect arising from the activity, whether or not it is covered by a resource consent.
We monitor the use of resource consents and their impact on the environment. This is done to check whether a consent holder is exercising a consent in accordance with its limits and conditions, and also to check on its environmental effects.
Minor consents are monitored by visiting the location or area of the activity and checking that the consent is being complied with. In some situations, consent holders may be required to report at regular intervals on a specified aspect of their consent.
Significant consents are subject to individual monitoring programmes which include routine inspections by Council officers, and regular self-monitoring and reporting by consent holders. Some consents for significant activities will include a requirement for the preparation of a management plan. This plan will include matters such as the day-to-day management of the activity, contingency and precautionary measures, and monitoring programmes.
How long does a resource consent last?
Unless your resource consent is for reclamation it will have an expiry date. You may use the consent, subject to the conditions imposed, until that date. If you apply for a replacement consent no less than six months before the expiry date, you may continue to operate under the consent until your application and any appeals have been decided on.
A land use consent or subdivision consent granted by a district or city council will not expire unless the consent specifies an expiry date.
What happens if I don't use my resource consent?
If the activity specified in your consent has not started within five years of the commencement date (this date is shown on your consent form), your resource consent will automatically lapse unless there is a condition that alters this. You can request an extension of this time limit by writing to us with an explanation of the circumstances (this has to be formally applied for, to vary the lapse condition). You will need to discuss this process with Council Consents officers if you do not think your activity will begin within the two year period.
We can cancel a consent, by giving written notice, if a consent has been exercised but has not been exercised for a continuous period of five years.
The holder of a land use consent for an activity in the bed of a lake or river can transfer the consent to another person unless this is specifically prohibited in the consent. Coastal permits, water permits and discharge permits can be transferred to another person, and some water permits can be transferred to another site.
A water permit for the taking of water can be transferred to another site within the same catchment or aquifer, provided this is allowed by a regional plan or has the approval of the Regional Council.
Any transfer of a resource consent to another person must be done by written notice to the Regional Council. Forms for the transfer of permits are available from the Council's offices.
An application to transfer a water permit to another site follows the same process as an application for a new water permit. Council officers will provide assistance with the information requirements for site transfers. The consent holder is responsible for initiating the transfer, and remains liable for the exercise of the consent and any charges until the Regional Council has received the request for a transfer.
Cancelling or changing a resource consent.
A resource consent can be changed by the consent holder or by the Regional Council. A consent holder can request a change or cancellation of a consent condition but not a change to the expiry date. We can change consents when regional plans are prepared or review consent conditions for specified reasons. In some cases a new consent may be required. You should talk to one of our consents officers about making a change to your consent.
You can cancel your resource consent at any time by writing to us. We are required to give notice of acceptance before the surrender takes effect.
If there are any uncompleted works at the time you apply to surrender a consent, we may direct that the works be completed. You will also remain liable for any non-compliance with any condition of the consent prior to surrender.