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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.”
You could also call this:

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

When you apply for a resource consent, there are certain time periods that don’t count towards the official processing time. These periods happen when the authority needs more information from you or wants to get a report about your application.

If the authority asks you for more information before they decide whether to notify your application, the time from when they ask until you respond doesn’t count. This could end in different ways:

  • If you give them the information within 15 working days, it ends when you provide it.
  • If you agree to give the information and then do so, it ends when you provide it.
  • If you agree but don’t provide the information, it ends on the date they set for you to provide it.
  • If you don’t respond at all, it ends after 15 working days.
  • If you refuse to give the information, it ends when you refuse.

If the authority wants to get a report about your application and you agree, the time from when they tell you about the report until they receive it doesn’t count.

If the authority wants to get a report but you don’t agree, the time that doesn’t count is from when they tell you about the report until either 15 working days pass or you tell them you don’t agree, whichever happens first.

These rules help make sure that delays in getting information or reports don’t unfairly affect the time limits for processing your application.

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Next up: 88D: Excluded time periods relating to direct referral

or “When you ask for your application to be sent straight to the Environment Court, some time doesn't count towards the decision deadline.”
Next

Part 6 Resource consents
Application for resource consent

88CExcluded time periods relating to provision of further information

  1. Subsection (2) applies when—

  2. an authority has requested an applicant, under section 92(1), to provide further information on the applicant's application; and
    1. the request is the first request made by the authority to the applicant under that provision; and
      1. the request is made before the authority decides whether to notify the application.

        1. The period that must be excluded from every applicable time limit under section 88B is the period—

        2. starting with the date of the request under section 92(1); and
          1. ending as follows:
            1. if the applicant provides the information within 15 working days, the date on which the applicant provides the information:
              1. if the applicant agrees within 15 working days to provide the information and provides the information, the date on which the applicant provides the information:
                1. if the applicant agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)(a):
                  1. if the applicant does not respond to the request within 15 working days, the date on which the period of 15 working days ends:
                    1. if the applicant refuses within 15 working days to provide the information, the date on which the applicant refuses to provide the information.

                    2. Subsection (4) applies when—

                    3. an authority has notified an applicant, under section 92(2)(b), of its wish to commission a report; and
                      1. the applicant agrees, under section 92B(1), to the commissioning of the report.

                        1. The period that must be excluded from every applicable time limit under section 88B is the period—

                        2. starting with the date of the notification under section 92(2)(b); and
                          1. ending with the date on which the authority receives the report.

                            1. Subsection (6) applies when—

                            2. an authority has notified an applicant, under section 92(2)(b), of its wish to commission a report; and
                              1. the applicant does not agree, under section 92B(1), to the commissioning of the report.

                                1. The period that must be excluded from every applicable time limit under section 88B is the period—

                                2. starting with the date of the notification under section 92(2)(b); and
                                  1. ending with the earlier of the following:
                                    1. the date on which the period of 15 working days ends; and
                                      1. the date on which the authority receives the applicant's refusal, under section 92B(1), to agree to the commissioning of the report.

                                      Notes
                                      • Section 88C: replaced, on , by section 71 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                      • Section 88C(1) heading: inserted, on , by section 94(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                                      • Section 88C(1)(b): replaced, on , by section 94(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                                      • Section 88C(1)(c): inserted, on , by section 94(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                                      • Section 88C(2): amended, on , by section 94(3) of the Resource Management Amendment Act 2013 (2013 No 63).
                                      • Section 88C(3) heading: inserted, on , by section 94(4) of the Resource Management Amendment Act 2013 (2013 No 63).
                                      • Section 88C(4): amended, on , by section 94(3) of the Resource Management Amendment Act 2013 (2013 No 63).
                                      • Section 88C(5) heading: inserted, on , by section 94(5) of the Resource Management Amendment Act 2013 (2013 No 63).
                                      • Section 88C(6): amended, on , by section 94(3) of the Resource Management Amendment Act 2013 (2013 No 63).