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Resource Management Act 1991

Functions, powers, and duties of central and local government - Duties of local authorities and applicants

36A: No duty under this Act to consult about resource consent applications and notices of requirement

You could also call this:

“No need to discuss resource consent applications with others under this law.”

When you apply for a resource consent, you and the local authority do not have to talk to anyone about your application under this Act. You and the local authority must still follow any other laws that say you have to talk to people about your application. You and the local authority can choose to talk to anyone about your application if you want to. This rule also applies to notices of requirement issued under sections like sections 168, 168A, 189, and 189A, which are like resource consent applications. In these cases, the authority that issues the notice is treated like an applicant for a resource consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233033.

Topics:
Environment and resources > Town planning Housing and property > Land use
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Part 4 Functions, powers, and duties of central and local government
Duties of local authorities and applicants

36ANo duty under this Act to consult about resource consent applications and notices of requirement

  1. The following apply to an applicant for a resource consent and the local authority:

  2. neither has a duty under this Act to consult any person about the application; and
    1. each must comply with a duty under any other enactment to consult any person about the application; and
      1. each may consult any person about the application.

        1. This section applies to a notice of requirement issued under any of sections 168, 168A, 189, and 189A by a requiring authority or a heritage protection authority, as if—

        2. the notice were an application for a resource consent; and
          1. the authority were an applicant.

            Notes
            • Section 36A: inserted, on , by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).