Granted Consents
Duration
A maximum duration of 35 years can be granted and if not specified 5 years apply. Land use consents (e.g. groundwater bore drilling) are free of terms.
Lapse
If consent lapse is not specified, unexercised consents will lapse after 5 years of granting and unexercised aquaculture consents will lapse after 3 years.
Cancellation
Even if consents are exercised and later remained unexercised for more than 5 years, council can cancel the consents.
Change
If consent holders wish to change or cancel consent conditions they can do so by applying to the council. The process is similar to applying for a new consent.
Review
Consents can be reviewed by councils if
-
there are specific review conditions;
-
the information provided at the time had inaccuracies which resulted in adverse effects;
-
adverse effects occur;
-
regional plans set new limits for the activity or new minimum flows, levels etc.; and
-
new national environmental standards are set by the government.
Council will serve notice of any review. The entire process is similar to new resource consent process and if necessary the applications may be notified publicly. On review, consents can be cancelled if adverse effects are found or inaccuracies at that time of original application have led to adverse effects.
Transfers
Consent holders can transfer their full rights or partial rights to others who are willing. Provided the rights are exercised at the same site (e.g. land parcel is being sold with a water right), the process is very straight forward. If the partial or full rights are transferred to another site (e.g. water takes from one bore to the other or to another site in a catchment), the process is treated as if a new consent is being processed.
Surrenders
Consent holders can surrender part or full consent to the council. Surrendering occurs when consent holders do not wish to hold the consents or consent conditions any longer. Generally, it is a straight forward process, however, in some cases surrender may be refused because of ongoing adverse effects or there is link between surrendering conditions and remaining and operative conditions. Before allowing a surrender council will check for compliance of consent conditions.