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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:

“You might be asked to give more details or agree to something before a decision is made.”

When you ask for a resource consent, the consent authority can ask you for more information about your application. They can do this at any time before the hearing or before they decide to give or refuse your consent if there’s no hearing. They will tell you in writing what extra information they need.

If the consent authority thinks your activity might harm the environment, they can ask someone to write a report about your application. They have to tell you before they do this, and you can say no if you want to.

The consent authority needs to explain to you why they want more information or why they want a report.

If there’s going to be a hearing, the extra information or report must be ready at the consent authority’s office at least 10 working days before the hearing. This doesn’t apply if you say no to giving more information or if you don’t agree to the report.

When the consent authority gets the extra information or report, they have to tell everyone who made a submission about your application that they can see it at the authority’s office.

These rules don’t apply to reports made 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 > Conservation
Environment and resources > Town planning
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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

“This section explains how people must answer when asked for more details about their application.”

Part 6 Resource 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. 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(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).