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Resource Management Act 1991

Miscellaneous provisions - Rights of objection

357: Right of objection against certain decisions

You could also call this:

“Objecting to decisions you don't agree with”

You have the right to object to certain decisions made by authorities. If your application to a territorial authority is not granted under section 10(2), you can object to the territorial authority. You can also object if your submission is struck out under section 41D.

You can object to a consent authority if your application is determined to be incomplete under section 88(3). You can also object if a consent authority decides to return your application under section 91C(2) or 91F(2). This means you do not agree with their decision.

You can object to a board of inquiry if they decline to process your application under section 99(8). You can object to the EPA if you request a certificate of compliance and they make a decision you do not agree with under section 139(13). A requiring authority can also object to a territorial authority if their notice is declined under section 182(5).

If a requiring authority’s application is not granted under section 184, they can object to the territorial authority. They can also object if their request is not granted under section 198C(4) to (5A). You can object to a regional council about a public notice they give under section 369(11).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239342.

Topics:
Environment and resources > Town planning Government and voting > Local councils
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"Some disagreements can be solved by a neutral person making a decision, with everyone's agreement."

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357A: Right of objection to consent authority against certain decisions or requirements, or

"You can disagree with a decision made by a consent authority if it affects your application or submission."

Part 14 Miscellaneous provisions
Rights of objection

357Right of objection against certain decisions

  1. A person whose application to a territorial authority is not granted under section 10(2) has a right of objection to the territorial authority.

  2. A person whose submission to an authority is struck out under section 41D has a right of objection to the authority.

  3. A person whose application to a consent authority is determined to be incomplete under section 88(3) has a right of objection to the consent authority.

  4. A person has a right of objection to a consent authority that decides to return the person's application under section 91C(2) or 91F(2).

  5. A person whose application or submission is declined to be processed or considered by a board of inquiry exercising the powers of a consent authority under section 99(8) has a right of objection to the board.

  6. A person who requests a certificate of compliance from the EPA under section 139(13) has a right of objection to the EPA about the EPA's decision on the request.

  7. A requiring authority whose notice to a territorial authority is declined under section 182(5) has a right of objection to the territorial authority.

  8. A requiring authority whose application to a territorial authority is not granted under section 184 has a right of objection to the territorial authority.

  9. A requiring authority or heritage protection authority whose request to a territorial authority is not granted under section 198C(4) to (5A) has a right of objection to the territorial authority.

  10. A person has a right of objection to a regional council about a public notice given by the council under section 369(11).

Notes
  • Section 357: replaced, on , by section 142 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
  • Section 357(2): amended, on , by section 166 of the Resource Legislation Amendment Act 2017 (2017 No 15).
  • Section 357(3A): inserted, on , by section 122 of the Resource Management Amendment Act 2013 (2013 No 63).
  • Section 357(3A): amended, on , by section 99 of the Resource Management Amendment Act 2020 (2020 No 30).
  • Section 357(8): amended, on , by section 59 of the Resource Management Amendment Act 2013 (2013 No 63).