Extending a consent's lapse date (s125)

What this application is

Under section 125 of the Resource Management Act 1991, a resource consent lapses on the date stated in the consent. If the consent states no date, it lapses 5 years after it commences, or 3 years for a consent for aquaculture activities in the coastal marine area and 10 years for a consent for a renewable energy activity. Both councils say that in most cases a consent holder has 5 years from the day the consent is granted, and that the consent itself should be checked for any specific time frame.^[1][2][3]

A consent does not lapse if, before it lapses, it is given effect to, or the holder applies to the council for an extension and the council decides to grant one. A separate provision lets the council shorten the lapse period of a renewable energy consent at the holder's request. For a subdivision consent, section 125(2) says the consent is given effect to when a survey plan is submitted to the council under section 223, but it then lapses if the survey plan is not deposited in accordance with section 224.^[1]

When deciding whether to grant an extension, section 125(1A) says the council must take into account whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; whether the applicant has obtained approval from persons who may be adversely affected by the extension; and the effect of the extension on the policies and objectives of any plan or proposed plan.^[1]

An extension application in a council's list shows that the consent holder asked for more time, not that the extension was granted. Wellington City Council says a granted extension comes with a new lapse date and that, unless the holder has also applied to change the conditions, all the requirements of the original consent stay the same.^[2][3]

Auckland Council says that if a consent lapses before an extension has been approved, the holder will need to apply for a new resource consent. Wellington City Council says a new resource consent is needed if the consent lapses before the holder applies for an extension, or if the extension is declined.^[2][3]

What neighbours can do

Auckland Council publishes a weekly list of resource consent applications lodged in the last 26 weeks, and its Regional Planning Helpdesk can give details about specific applications. Wellington City Council says resource consent applications are public information and anyone can ask it for a copy of a recent consent.^[7][8]

Section 125 asks the council to consider whether the applicant has obtained approval from persons who may be adversely affected by the extension. Wellington City Council says an extension application must include the written approval of anyone considered affected by granting it. Both councils say the planner deciding the application considers whether anyone is likely to be affected by the extension.^[1][2][3]

Notification

Section 125 does not set out notification or submission steps for an extension application. Section 127(3) applies the usual resource consent provisions, including notification, to applications to change consent conditions, but section 125 has no equivalent provision. Section 125(1A) requires the council to take into account whether the applicant has obtained approval from persons who may be adversely affected.^[1][9]

Neither council's extension page describes a notification step. Both say a planner considers the application and makes a decision. Auckland Council says it processes extension applications within 20 working days, and Wellington City Council says the process takes up to 20 working days, or longer if it needs more information.^[2][3]

In Auckland

Auckland Council recommends applying at least six months before the consent lapses, and says the applicant needs to show considerable efforts to fulfil the purpose and conditions of the consent. It says a planner decides based on the progress made, whether anyone is likely to be affected by the extension, and whether the Unitary Plan has changed since the consent was granted. It accepts extension applications only online.^[2]

In Wellington City

Wellington City Council says the application must be made before the consent lapses and must include a statement of how much extra time is sought, a timeline of the progress made since the consent was granted, the written approval of anyone considered affected, and an assessment of the extension's effects on the policies and objectives of any District Plan or Proposed District Plan.^[3]

Wellington City Council says a planner decides based on the progress or effort made towards implementing the consent, whether anyone is likely to be affected by the extension, and whether the District Plan has changed since the consent was granted.^[3]

Read the council's own guidance

• Extension of time of a resource consent, Auckland Council
• Applying for an extension of time, Wellington City Council
• Resource Management Act 1991, section 125: Lapsing of consents, New Zealand Legislation (Parliamentary Counsel Office)