A resource consent was granted with a five-year lapse period. Five years later the holder has not given effect to it and never applied for an extension. What is the position?
Correct Answer
A) The consent has lapsed, so a new application is needed to proceed
Under RMA s 125 a consent lapses on the date in the consent, or 5 years after it commences if no date is given, unless it has been given effect to or the council has granted an extension applied for before lapse. Here neither happened, so the consent has lapsed and a new application is needed.
Why This Is the Correct Answer
Under RMA s 125 an unexercised consent lapses at the end of its lapse period unless an extension was sought and granted beforehand. After lapse a new application is needed.
Why the Other Options Are Wrong
Option B: The consent renews automatically for a further five-year period
Nothing in RMA s 125 renews a consent automatically. Once the lapse date passes without the consent being given effect to, it ends.
Option C: The consent stays valid indefinitely, because it was lawfully granted
A consent that is not given effect to lapses on its lapse date under RMA s 125. Being lawfully granted does not keep it alive.
Option D: The consent can pass to a buyer of the land, who gets a fresh five years
A land use consent can pass to a buyer with the land, but a sale does not restart the lapse period. A lapsed consent passes nothing.
Deep Analysis of This Resource Management Question
The lapse rule stops consents being banked indefinitely. A consent must be given effect to within the lapse period, which is 5 years by default for most consents. Before the consent lapses, the holder can apply for an extension, and the council weighs progress made, the views of affected people and the effect on the plan's policies. Once the date passes with no extension and no work, the consent has no effect and a new application is assessed under the current plan.
Background Knowledge for Resource Management
RMA s 125 sets the lapse date: the date in the consent or, if none, 5 years from commencement (3 years for coastal aquaculture, 10 years for renewable energy). A consent does not lapse if it has been given effect to, or if the holder applied for an extension before lapse and the council granted it. A land use consent attaches to the land under s 134, but a sale does not restart the lapse period.
Memory Technique
Treat the lapse period as a 'use it or extend it' window. Before the deadline, the holder can give effect to the consent or apply for an extension. After the deadline with neither done, the consent is gone and a new application is needed.
When you see resource consent timing questions, remember LAPSE. If the consent hasn't been substantially commenced within the timeframe, it's legally void and requires a new application - just like renewing an expired membership.
Exam Tip for Resource Management
Check two things in a lapse question: was the consent given effect to, and was an extension applied for before the lapse date? If neither, the consent has lapsed.
Real World Application in Resource Management
A developer obtains resource consent to build a subdivision but delays due to market conditions. After 5 years without commencing earthworks or infrastructure installation, the consent lapses. Despite having spent significant money on the original application and design, they must submit an entirely new resource consent application. The new application will be assessed under current district plan rules, which may have changed, potentially requiring different design standards or additional mitigation measures.
Common Mistakes to Avoid on Resource Management Questions
- •Assuming consents automatically renew or extend
- •Believing lapsed consents can be transferred to new owners
- •Thinking preparatory work constitutes 'giving effect to' the consent
Related Topics & Key Terms
Key Terms:
More Resource Management Questions
What is required before starting construction of a new two-storey family home in New Zealand?
A developer wants to subdivide Rural-zoned land into residential sections. The district plan does not prohibit this, but says consent can be granted only if the proposal passes the section 104D gateway test. What activity status does that indicate?
A homeowner receives a LIM report showing that previous resource consent was granted with ongoing conditions requiring annual monitoring reports. What does this mean for the new owner?
A property owner receives a notice that their building work was undertaken without a building consent. What is this notice likely to be called?
Under the Building Act 2004, which type of building work typically requires a building consent?
- → A client wants to subdivide their rural property into smaller lots. What type of consent will they most likely need under the RMA?
- → Under section 104 of the RMA, when considering a resource consent application, what must a consent authority have regard to alongside the actual and potential effects on the environment?
- → Under the Resource Management Act 1991, what is the primary purpose of district plans?
- → A property developer wants to subdivide a 2-hectare residential section into 10 lots. Under typical district plan rules, what consents would likely be required?
- → Under the Building Act 2004, which authority is responsible for issuing building consents?
- → Which of the following activities would most likely require resource consent under the RMA?
- → What is the main difference between a regional plan and a district plan?
- → A property has an existing resource consent for a home-based business that expires in two years. What happens if the owners want to continue the business after the consent expires?
- → A developer has obtained resource consent for a subdivision but discovers during earthworks that the site contains archaeological features. What is the most likely immediate consequence under New Zealand law?
- → A LIM report will typically include information about which of the following?
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