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 ignore time limits or rules"

Illustration for Resource Management Act 1991

You can ask a consent authority or local authority to extend a time limit or waive a rule. They can extend a time period or waive a failure to comply with a requirement. You can find more information about specified energy activities in section 88BA. You might need to provide information under this Act or a plan. If the information is inaccurate, the consent authority can waive the requirement or ask you to fix it. They can also direct you to rectify an omission on certain terms. A consent authority cannot extend a time period for some activities, like wood processing or specified energy activities. They also cannot waive or extend a time period for negotiating a pre-request aquaculture agreement under section 186ZM of the Fisheries Act 1996.

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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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37A: Requirements for waivers and extensions, or

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

Part 4Functions, 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. A consent authority must not extend, under subsection (1)(a), the time period for processing and deciding an application for a resource consent for a wood processing activity or specified energy activity (see section 88BA).

      3. 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—

      4. 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).
          • Section 37(1B): inserted, on , by section 11 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).