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Resource Management Act 1991

Resource consents - Further information

92: Further information, or agreement, may be requested

You could also call this:

"The council can ask for more details about your resource consent application at any time."

Illustration for Resource Management Act 1991

When you apply for a resource consent, the consent authority can ask you for more information at any reasonable time. They must ask you in writing. The consent authority can also ask someone to prepare a report about your application if they think it might have a big negative effect on the environment. You will be told before they ask someone to prepare the report.

The consent authority must tell you why they want more information or a report. They must make the information or report available at their office at least 10 working days before the hearing. Then they will let everyone who made a submission on your application know that the information or report is available.

The consent authority cannot ask for more information or a report about certain things, like the hierarchy of obligations in the NPSFM 2020. If you refuse to provide more information or agree to a report, the rules about making it available do not apply. The consent authority must notify you and others about the information or report as soon as they can.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233884.

Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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91F: Non-notified application may be returned after certain period, or

"If an application is put on hold for 20 working days, the authority can choose to give it back or keep working on it."

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92A: Responses to request, or

"What to do when asked for more information"

Part 6Resource consents
Further information

92Further information, or agreement, may be requested

  1. A consent authority may, at any reasonable time before the hearing of an application for a resource consent or before the decision to grant or refuse the application (if there is no hearing), by written notice, request the applicant for the consent to provide further information relating to the application.

  2. At any reasonable time before a hearing or, if no hearing is to be held, before the decision is made, a consent authority may commission any person to prepare a report on any matter relating to an application, including information provided by the applicant in the application or under this section, if all the following apply:

  3. the activity for which the resource consent is sought may, in the authority's opinion, have a significant adverse environmental effect; and
    1. the applicant is notified before the authority commissions the report; and
      1. the applicant does not refuse, under section 92B(1), to agree to the commissioning of the report.

        1. However, a consent authority must not request further information nor commission a report on clause 1.3(5) or 2.1 of the NPSFM 2020 (which relates to the hierarchy of obligations in the NPSFM 2020).

        2. The consent authority must notify the applicant, in writing, of its reasons for—

        3. requesting further information under subsection (1); or
          1. wanting to commission a report under subsection (2).

            1. The information or report must be available at the office of the consent authority no later than 10 working days before the hearing of an application. This subsection does not apply if—

            2. the applicant refuses, under section 92A, to provide the further information; or
              1. the applicant refuses, under section 92B, to agree to the commissioning of the report.

                1. The consent authority must, as soon as is reasonably practicable after receiving the information or report, give written or electronic notice to every person who made a submission on the application that the information or report is available at the authority's office.

                2. This section does not apply to reports prepared under section 42A.

                3. Repealed
                Notes
                • Section 92: replaced, on , by section 41 of the Resource Management Amendment Act 2003 (2003 No 23).
                • Section 92 heading: replaced, on , by section 52(1) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 92(1): amended, on , by section 52(2) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 92(2): replaced, on , by section 52(3) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 92(2A): inserted, on , by section 22 of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                • Section 92(3): replaced, on , by section 52(3) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 92(3A): inserted, on , by section 52(3) of the Resource Management Amendment Act 2005 (2005 No 87).
                • Section 92(3B): inserted, on , by section 73(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 92(5): repealed, on , by section 73(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).