Status of consents

The Resource Management Act expressly states that a resource consent is not real property or personal property. However, there are some similarities between a resource consent and real/personal property, for example, upon the death of a consent holder the consent vests in the Official Assignee of the consent holder as if it were personal property. 969

The principle of non-derogation applies to resource consents – a consent cannot be granted where it would have the effect of significantly derogating from an existing consent (i.e. detracting from or interfering with the exercise of an existing consent).  For example, where the allocable flow from a river has been fully allocated granting a further consent has been found to derogate from the existing consents 970  Mere interference with convenience or amenities or increased expense will not offend the principle of non-derogation. 971

  1. Section 122 Resource Management Act 1991

  2. Aoraki Water Trust v Meridian Energy Ltd [2005] 2 NZLR 268

  3. Southern Alps Air Ltd v Queenstown Lakes District Council [2008] NZRMA 47

Last updated at 8:41AM on December 12, 2014