Processing of Resource Consent Applications

Conditions placed on a resource consent

A resource consent can be granted on any condition that the consent authority considers appropriate. Conditions may relate to (Section 108):

• Making a financial contribution
• Providing a performance bond
• Protecting, restoring and enhancing a natural or physical resource including the planting of vegetation
• Entering into a covenant
• Adopting the best practicable option (if a discharge consent or coastal permit)
• Measuring and monitoring impacts of the activity.

In respect of subdivision, a condition may require the provision of an esplanade reserve or esplanade strip (section 220). When an esplanade reserve is created, the reserve land is vested in the local authority, which manages the area (section 231). When an esplanade strip is created for the purposes of providing public access, ownership of the land is retained by the landowner, but the right of public access over the land is registered as an interest on the certificate of title (section 232).  Form 31 is used to create an esplanade strip.

A condition can only be imposed on a resource consent if it is:

• For a resource management purpose and not for an ulterior purpose
• Fairly and reasonably related to the proposed activity
• Reasonable