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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:

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

When a consent authority or local authority wants to extend a time limit or waive compliance with a time limit, they need to think about how it might affect other people and the community. They also need to make sure they’re not causing unnecessary delays.

If they want to extend a time period, they can usually only make it up to twice as long as the original time. However, if the applicant agrees, they can make it even longer.

For some specific types of applications, like resource consents or changes to resource consents, there are special rules. The authority can only extend the time if it’s not more than twice the original time, and if there are special circumstances or if the applicant agrees. They still need to consider how it affects other people and the community.

If the authority wants to extend the time for these applications to more than twice the original time, they can only do it if the applicant agrees and they’ve thought about how it affects others.

Lastly, if the authority decides to extend or waive a time limit, they need to tell everyone who might be directly affected by this decision.

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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
Government and voting > Local councils
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37: Power of waiver and extension of time limits, or

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

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37B: Persons to have powers of consent authority for purposes of sections 37 and 37A, or

“ People who can change time limits and give extra time for certain parts of the law ”

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).