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
3. the request is the first request made by the authority to the applicant under that provision; and
4. the request is made before the authority decides whether to notify the application.

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

6. starting with the date of the request under section 92(1); and
7. ending as follows:
   1. if the applicant provides the information within 15 working days, the date on which the applicant provides the information:
   2. 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:
   3. 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):
   4. if the applicant does not respond to the request within 15 working days, the date on which the period of 15 working days ends:
   5. if the applicant refuses within 15 working days to provide the information, the date on which the applicant refuses to provide the information.

8. Subsection (4) applies when—

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

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

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

14. Subsection (6) applies when—

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

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

18. starting with the date of the notification under section 92(2)(b); and
19. ending with the earlier of the following:
    1. the date on which the period of 15 working days ends; and
    2. 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 1 October 2009, by section 71 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
• Section 88C(1) heading: inserted, on 3 March 2015, by section 94(1) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 88C(1)(b): replaced, on 3 March 2015, by section 94(2) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 88C(1)(c): inserted, on 3 March 2015, by section 94(2) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 88C(2): amended, on 3 March 2015, by section 94(3) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 88C(3) heading: inserted, on 3 March 2015, by section 94(4) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 88C(4): amended, on 3 March 2015, by section 94(3) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 88C(5) heading: inserted, on 3 March 2015, by section 94(5) of the Resource Management Amendment Act 2013 (2013 No 63).
• Section 88C(6): amended, on 3 March 2015, by section 94(3) of the Resource Management Amendment Act 2013 (2013 No 63).