Lapse of consents

‘Lapse’ means the termination of the consent through disuse. 972 A resource consent lapses on the date specified in the consent or, if no date is specified, 5 years after the commencement of the consent (3 years after the commencement of the consent in relation to aquaculture activities in the coastal marine area). A consent lapses if the consent is not given effect to or the consent holder does not apply to the consent authority for an extension of the lapse period. If an application for an extension is made the consent authority must take into account: 973

Whether substantial progress or effort is being made towards giving effect to the consent
Whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension
The effect of the extension of the policies and objectives of any plan or proposed plan

The applicant’s personal and financial circumstances or the financial viability of the proposal are not relevant to a consent authority’s determination on the lapsing period. 974

Hastings v Auckland Regional Council (NZEnvC A129/00, 6 November 2000) Section 125 Resource Management Act 1991 Akaroa Organics v Christchurch City Council [2010] NZEnvC 37

Last updated at 3:09PM on декабря 11, 2014