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Resource Management Act 1991

Resource consents - Application for resource consent

88A: Description of type of activity to remain the same

You could also call this:

“The law says that once you apply for permission to do something, the type of permission you asked for stays the same even if rules change later.”

When you apply for a resource consent under section 88 or 145, the type of activity you’re applying for might change after you submit your application. This could happen because a proposed plan is announced, a decision is made under clause 10(1) of Schedule 1, or for other reasons.

If this happens, your application will still be processed, considered, and decided based on the type of activity it was when you first applied. This means if you applied for a controlled activity, it will stay a controlled activity even if the rules change.

However, when your application is being looked at, the people deciding on it must still consider any plans or proposed plans that exist at that time. They have to do this according to section 104(1)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233863.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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88: Making an application, or

“You need to follow specific steps and provide required information when asking for permission to use resources.”

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88B: Time limits from which time periods are excluded in relation to applications, or

“This section explains when certain waiting times don't count in the process of applying for permission to use resources.”

Part 6 Resource consents
Application for resource consent

88ADescription of type of activity to remain the same

  1. Subsection (1A) applies if—

  2. an application for a resource consent has been made under section 88 or 145; and
    1. the type of activity (being controlled, restricted, discretionary, or non-complying) for which the application was made, or that the application was treated as being made under section 87B, is altered after the application was first lodged as a result of—
      1. a proposed plan being notified; or
        1. a decision being made under clause 10(1) of Schedule 1; or
          1. otherwise.

          2. The application continues to be processed, considered, and decided as an application for the type of activity that it was for, or was treated as being for, at the time the application was first lodged.

          3. Notwithstanding subsection (1), any plan or proposed plan which exists when the application is considered must be had regard to in accordance with section 104(1)(b).

          4. Repealed
          Notes
          • Section 88A: inserted, on , by section 18 of the Resource Management Amendment Act 1997 (1997 No 104).
          • Section 88A(1): replaced, on , by section 38(1) of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 88A(1)(a): amended, on , by section 70(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 88A(1)(b): amended, on , by section 70(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 88A(1)(b)(ii): amended, on , by section 70(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 88A(1A): inserted, on , by section 38(1) of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 88A(2): amended, on , by section 38(2) of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 88A(3): repealed, on , by section 70(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).