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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:

“The law says you don't have to ask people what they think about building plans, but you can if you want to.”

If you want to apply for a resource consent, you and the local authority don’t have to talk to anyone about it under this law. But if another law says you need to ask people about it, you still have to do that. You and the local authority can choose to talk to people about it if you want to.

This also applies if you’re a requiring authority or a heritage protection authority and you’re issuing a notice of requirement. In this case, it’s treated the same as if you were applying for a resource consent.

The parts of the law that talk about notices of requirement are sections 168, 168A, 189, and 189A. If you’re dealing with one of these notices, you’re treated like someone applying for a resource consent, and the authority is treated like the applicant.

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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

Government and voting > Local councils

36AA: Local authority policy on discounting administrative charges, or

“ Rules about how local councils can give you a discount on fees when they're slow to process your application ”

36B: Power to make joint management agreement, or

“Local councils can team up with other groups to manage things together if they follow the rules”

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

The following apply to an applicant for a resource consent and the local authority:
neither has a duty under this Act to consult any person about the application; and
each must comply with a duty under any other enactment to consult any person about the application; and
each may consult any person about the application.

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

Notes

Section 36A: inserted, on 10 August 2005, by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).