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Resource Management Act 1991

Miscellaneous provisions - Rights of objection

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

You could also call this:

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

You have the right to object to a consent authority’s decision. This is if you made an application under certain sections like section 124(2), section 125(1A)(b), section 126(2)(b), section 139, or section 139A. You can also object if your application or submission was declined.

You can object to a decision made by a consent authority under section 87E(5) to (6A) if you made a request under section 87D. If you are an applicant or consent holder, you can object to a decision on an application or review.

This applies to applications made under section 88 for a resource consent, or under section 127 to change or cancel a condition of a resource consent. It also applies to a review of the conditions of a resource consent under sections 128 to 132, or an application under section 221 to vary or cancel a condition.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239356.

Topics:
Environment and resources > Town planning
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357AB: Objection under section 357A(1)(f) or (g) may be considered by hearings commissioner, or

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Part 14 Miscellaneous provisions
Rights of objection

357ARight of objection to consent authority against certain decisions or requirements

  1. There is a right of objection to a consent authority,—

  2. in respect of a decision of that authority, for any person who has made an application under—
    1. section 124(2) (which relates to the exercise of a resource consent while applying for a new resource consent):
      1. section 125(1A)(b) (which relates to the lapsing of consents):
        1. section 126(2)(b) (which relates to the cancellation of consents):
          1. section 139 (which relates to certificates of compliance):
            1. section 139A (which relates to existing use certificates):
                1. in respect of an application or a submission that a consent authority declines to process or to consider, as provided for by section 99(8), for the person who made the application or submission:
                  1. in respect of a decision of the authority under section 87E(5) to (6A), for a person who made a request under section 87D:
                    1. in respect of the consent authority's decision on an application or review described in subsections (2) to (5), for an applicant or consent holder, if—
                      1. the application or review was notified; and
                        1. either no submissions were received or any submissions received were withdrawn:
                        2. in respect of the consent authority's decision on an application or review described in subsections (2) to (5), for an applicant or consent holder, if the application or review was not notified.

                          1. Subsection (1)(f) and (g) apply to an application made under section 88 for a resource consent. However, they do not apply if the consent authority refuses to grant the resource consent under sections 104B and 104C. They do apply if an officer of the consent authority exercising delegated authority under section 34A refuses to grant the resource consent under sections 104B and 104C.

                          2. Subsection (1)(f) and (g) apply to an application made under section 127 for a change or cancellation of a condition of a resource consent.

                          3. Repealed

                          4. Subsection (1)(f) and (g) apply to a review of the conditions of a resource consent under sections 128 to 132.

                          5. Subsection (1)(f) and (g) apply to an application made under section 221 to vary or cancel a condition specified in a consent notice.

                          Notes
                          • Section 357A: inserted, on , by section 124 of the Resource Management Amendment Act 2005 (2005 No 87).
                          • Section 357A(1)(a)(ii): amended, on , by section 56 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                          • Section 357A(1)(b): repealed, on , by section 143(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 357A(1)(c): repealed, on , by section 143(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 357A(1)(e): replaced, on , by section 143(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 357A(1)(e): amended, on , by section 60 of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 357A(1)(f): inserted, on , by section 143(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 357A(1)(g): inserted, on , by section 143(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 357A(2): replaced, on , by section 143(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 357A(3): replaced, on , by section 143(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 357A(3A): repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                          • Section 357A(4): inserted, on , by section 143(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 357A(5): inserted, on , by section 143(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).