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Plain language law

New Zealand law explained for everyone

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:

“Your resource consent application stays the same even if the rules change.”

If you apply for a resource consent under section 88 or 145, the type of activity you applied for might change. This can happen because of a proposed plan being notified, a decision being made under clause 10(1) of Schedule 1, or for some other reason. Your application will still be processed as if the type of activity was the same as when you first applied.

When your application is considered, any existing plan or proposed plan must be taken into account, as stated in section 104(1)(b). You should know that your application will continue 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. This means that the change in the type of activity will not affect how your application is handled.

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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 Housing and property > Land use
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88: Making an application, or

"How to apply for permission to use natural 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).