Section 127 allows a consent holder to apply for a change or cancellation of a condition of consent other than a condition on the duration of the consent. In relation to subdivision consents, an application under s127 can only be made before the survey plan is deposited (s224). After the deposit of a survey plan, application must be made under s221 for any variation or cancellation of a consent notice.
For these types of applications, ss88 to 121 apply as if the application was an application for resource consent for a discretionary activity. As part of processing these types of applications, a council must, in determining if there are any adversely affected parties, consider every person who made a submission on the original application and may be affected by the change or cancellation. Under s127 only the change to the condition can be considered. It does not provide for the reconsideration of the entire consent.
Often there is a debate about whether an application to change a condition should be an application for a new consent. Case law indicates that each case should be considered on its merits and has highlighted that where an application involves materially different effects it is preferable to treat it as an application for a new consent.
