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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:

“You can disagree with certain decisions made about your application or submission.”

You have the right to object to certain decisions made about your applications or submissions under the Resource Management Act. Here’s what you can object to:

If a territorial authority doesn’t approve your application under section 10(2), you can object to that authority.

If an authority removes your submission under section 41D, you can object to that authority.

If a consent authority says your application is not complete under section 88(3), you can object to that authority.

You can object if a consent authority decides to give back your application under section 91C(2) or 91F(2).

If a board of inquiry acting as a consent authority refuses to process or consider your application or submission under section 99(8), you can object to that board.

If you ask the EPA for a certificate of compliance under section 139(13), you can object to their decision.

If you’re a requiring authority and a territorial authority doesn’t accept your notice under section 182(5), you can object to that authority.

As a requiring authority, if a territorial authority doesn’t approve your application under section 184, you can object to that authority.

If you’re a requiring authority or heritage protection authority and a territorial authority doesn’t agree to your request under section 198C(4) to (5A), you can object to that authority.

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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356: Matters may be determined by arbitration, or

“People who can't agree on something can ask a special court to let them use a different way to solve their problem.”

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

“You can complain to the people in charge if you don't like certain decisions about building or using land.”

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).