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Resource Management Act 1991

Functions, powers, and duties of central and local government - Waivers and extension of time limits

37: Power of waiver and extension of time limits

You could also call this:

“Asking to change or delay rules you must follow under the Resource Management Act”

You can ask a consent authority or local authority to change some rules. They can extend a time period or waive a rule if you did not follow it. This applies to rules in the Resource Management Act or other regulations.

If you give incorrect information or miss something out, the consent authority can decide to waive the rule or tell you to fix the mistake. They can set conditions for fixing the mistake. You cannot ask for more time to negotiate a pre-request aquaculture agreement under section 186ZM of the Fisheries Act 1996 by waiving or extending a time period.

The consent authority or local authority has the power to make these decisions. They can choose to waive rules or give you more time to follow them. This helps you follow the rules in the Resource Management Act.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233046.

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37A: Requirements for waivers and extensions, or

"Rules for extending or waiving time limits under the Resource Management Act"

Part 4 Functions, powers, and duties of central and local government
Waivers and extension of time limits

37Power of waiver and extension of time limits

  1. A consent authority or local authority may, in any particular case,—

  2. extend a time period specified in this Act or in regulations, whether or not the time period has expired; or
    1. waive a failure to comply with a requirement under this Act, regulations, or a plan for the time or method of service of documents.

      1. However, a consent authority must not, under subsection (1), waive or extend a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM of the Fisheries Act 1996.

      2. If a person is required to provide information under this Act, regulations, or a plan and the information is inaccurate or omitted, or a procedural requirement is omitted, the consent authority or local authority may—

      3. waive compliance with the requirement; or
        1. direct that the omission or inaccuracy be rectified on such terms as the consent authority or local authority thinks fit.

          Notes
          • Section 37: replaced, on , by section 17 of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 37(1A): inserted, on , by section 13 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).