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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Declarations

312: Notification of application

You could also call this:

“When someone asks for a legal decision, they must tell everyone affected within 5 working days”

When you apply for a declaration, you need to tell everyone who is directly affected by your application. You do this by giving them a special notice. The notice must be in a specific form that has been decided by the government.

You have to give this notice to everyone within 5 working days after you make your application to the court. This means you don’t have a lot of time to do it, so you need to be quick.

It’s important to make sure you follow these rules carefully. If you don’t tell the right people or don’t do it in time, it could cause problems with your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM238522.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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311: Application for declaration, or

“This explains how people can ask the court to make an official statement about environmental rules.”

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313: Decision on application, or

“The court decides what to do after listening to everyone involved in the case.”

Part 12 Declarations, enforcement, and ancillary powers
Declarations

312Notification of application

  1. The applicant for a declaration shall serve notice of the application in the prescribed form on every person directly affected by the application.

  2. Every notice required to be served under this section shall be served within 5 working days after the application is made to the court.

Notes
  • Section 312(1): amended, on , by section 116(1) of the Resource Management Amendment Act 2005 (2005 No 87).
  • Section 312(1): amended, on , by section 140 of the Resource Management Amendment Act 1993 (1993 No 65).
  • Section 312(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).