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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 information before deciding on your resource consent application."

Illustration for Resource Management Act 1991

You can apply for a resource consent. The consent authority might ask you for more information. They can do this at any reasonable time before they make a decision. You will get a written notice asking for the information. The consent authority can also ask someone to write a report about your application. They must tell you before they do this. You can refuse to agree to the report, as stated in section 92B(1). The consent authority must think about whether they really need the information. They must also think about whether the information is proportionate to the effects of the activity. You will get a written notice explaining why they want the information or the report. The information or report must be available at the consent authority's office before the hearing. They will tell everyone who made a submission about your application that the information is available. This does not apply to some reports, like those prepared under section 42A.

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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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"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. Before requesting further information, a consent authority must consider whether—

        3. it needs the information for the purpose of section 104; and
          1. any information that it seeks is proportionate to the scale and significance of the effects that the activity may have on the environment.

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

            2. 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(2B): inserted, on , by section 34 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                    • 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).