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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:

“Rules for changing deadlines and fixing mistakes in paperwork for building and environment stuff”

You can ask a consent authority or local authority to give you more time or forgive you if you make a mistake with paperwork. They can extend the time you have to do something, even if the time has already run out. They can also forgive you if you don’t follow the rules exactly for how or when to give them documents.

There’s one exception: The authority can’t give more time for a special agreement about fish farms.

If you give information that’s not correct or you forget to include something, the authority can either forgive the mistake or tell you to fix it. They can decide how you should fix it.

If you forget to follow a step in the process, the authority can forgive that too.

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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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Environment and resources > Town planning
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36E: Termination of joint management agreement, or

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37A: Requirements for waivers and extensions, or

“The rules about letting people have more time or skip some steps when dealing with the government's decisions about land and buildings.”

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).