Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
88A: Description of type of activity to remain the same
or “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.”
You could also call this:

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

This section talks about how time limits for certain steps in the resource consent application process can be extended. It explains that some time periods are not counted when working out these time limits.

The section includes a table that shows which time limits can be extended and which sections of the law describe the time periods that are not counted. For example, the time limit for notifying people about an application can be extended by not counting certain time periods described in other sections of the law.

The table covers time limits for different parts of the application process, such as when a hearing should start, how long a hearing can take, and when decisions should be made. For each of these time limits, the table tells you which other sections of the law describe time periods that don’t count towards the limit.

There’s also a note at the end reminding you to check another law called the Urban Development Act 2020 for more information about time limits.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 88C: Excluded time periods relating to provision of further information

or “Time paused when extra details are needed for your request”
Next

Part 6 Resource consents
Application for resource consent

88BTime limits from which time periods are excluded in relation to applications

  1. This section provides for the deferral of certain time limits relating to applications.

  2. The first column of the table lists the provisions specifying time limits from which certain time periods must be excluded.

  3. The second column lists the provisions describing time periods that must be excluded from the corresponding time limits.

    The following table is small in size and has 2 columns. Column 1 is headed Provisions specifying time limits. Column 2 is headed Provisions describing time periods to be excluded.
    Provisions specifying time limits Provisions describing time periods to be excluded
    Section 95 (which relates to the time limit for notification)

    Section 88C(2), (4), or (6)

    Section 88E(2) or (4)

    Section 88F(2)

    Section 88G

    Section 88H
    Section 87F(3) (which relates to the time limit for a consent authority report on an application to be directly referred to the Environment Court)

    Section 88C(4) or (6)

    Section 88E(2), (6), or (8)

    Section 88F(2)
    Section 101(2) (which relates to the time limit for commencement of a hearing of a non-notified application)

    Section 88C(2), (4), or (6)

    Section 88E(2) or (4)

    Section 88F(2)

    Section 88G
    Section 103A (which relates to the time limit for completion of a hearing of a notified application)

    Section 88C(4) or (6)

    Section 88D(2), (4), or (6)

    Section 88E(2), (6), or (8)

    Section 88F(2)
    Section 115(3) (which relates to the time limit for notification of the decision on a non-notified application for which no hearing is held)

    Section 88C(2), (4), or (6)

    Section 88E(2) or (4)

    Section 88F(2)

    Section 88G
    Section 115(4) (which relates to the time limit for notification of the decision on a notified application for which no hearing is held)

    Section 88C(4) or (6)

    Section 88D(2), (4), or (6)

    Section 88E(2), (6), or (8)

    Section 88F(2)

  4. See also section 103(4) and (5) of the Urban Development Act 2020.

Notes
  • Section 88B: replaced, on , by section 93 of the Resource Management Amendment Act 2013 (2013 No 63).
  • Section 88B(3): amended, on , by section 26(1) of the Resource Management Amendment Act 2020 (2020 No 30).
  • Section 88B(3): amended, on , by section 26(2) of the Resource Management Amendment Act 2020 (2020 No 30).
  • Section 88B(3): amended, on , by section 26(3) of the Resource Management Amendment Act 2020 (2020 No 30).
  • Section 88B(3): amended, on , by section 26(4) of the Resource Management Amendment Act 2020 (2020 No 30).
  • Section 88B(4): inserted, on , by section 300 of the Urban Development Act 2020 (2020 No 42).