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Resource Management Act 1991

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

37A: Requirements for waivers and extensions

You could also call this:

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

When you are dealing with time limits under the Resource Management Act 1991, a consent authority or local authority can extend a time limit or waive compliance with it. They must think about how this will affect you if you are directly affected, the community, and their duty to avoid delay as stated in section 21.

They also have to think about the interests of the community in making sure the effects of a proposal are properly assessed.

A time period can be extended under section 37 for a certain amount of time, and this can be longer if the person applying agrees.

If a consent authority is dealing with an application for a resource consent, they can extend the time period, but only if special circumstances apply or the applicant agrees.

They must also make sure that everyone who is directly affected by the extension is notified.

The authority can extend the time period so it is longer than usual, but only if the applicant agrees and they have thought about the things mentioned earlier.

You will be notified if a time limit is extended or waived and it affects you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233050.

Topics:
Environment and resources > Town planning Business > Industry rules
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Part 4 Functions, powers, and duties of central and local government
Waivers and extension of time limits

37ARequirements for waivers and extensions

  1. A consent authority or local authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document in accordance with section 37 unless it has taken into account—

  2. the interests of any person who, in its opinion, may be directly affected by the extension or waiver; and
    1. the interests of the community in achieving adequate assessment of the effects of a proposal, policy statement, or plan; and
      1. its duty under section 21 to avoid unreasonable delay.

        1. A time period may be extended under section 37 for—

        2. a time not exceeding twice the maximum time period specified in this Act; or
          1. a time exceeding twice the maximum time period specified in this Act if the applicant or requiring authority requests or agrees.

            1. Instead of subsections (1) and (2), subsections (4) and (5) apply to an extension of a time limit imposed on a consent authority in respect of—

            2. an application for a resource consent; or
              1. an application to change or cancel a condition of a resource consent; or
                1. a review of a resource consent.

                  1. A consent authority may extend a time period under section 37 only if—

                  2. the time period as extended does not exceed twice the maximum time period specified in this Act; and
                    1. either—
                      1. special circumstances apply (including special circumstances existing by reason of the scale or complexity of the matter); or
                        1. the applicant agrees to the extension; and
                        2. the authority has taken into account the matters specified in subsection (1).

                          1. A consent authority may extend a time period under section 37 so that the extended period exceeds twice the maximum time period specified in the Act only if—

                          2. the applicant agrees to the extension; and
                            1. the authority has taken into account the matters specified in subsection (1).

                              1. A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver.

                              Notes
                              • Section 37A: inserted, on , by section 17 of the Resource Management Amendment Act 2003 (2003 No 23).
                              • Section 37A(3): replaced, on , by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 37A(4): inserted, on , by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 37A(5): inserted, on , by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 37A(6): inserted, on , by section 33 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).