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

You have the right to object to a consent authority if you’ve made certain applications or if the authority has made specific decisions. You can object if you’ve applied for things like extending a resource consent, preventing a consent from expiring, or getting a certificate of compliance. You can also object if the authority refuses to process your application or submission.

If your application was publicly notified and no one made submissions (or they were withdrawn), you can object to the authority’s decision. This applies to applications for new resource consents, changes to existing consents, or reviews of consent conditions.

If your application wasn’t publicly notified, you can still object to the authority’s decision. This includes applications for new resource consents, changes to existing consents, reviews of consent conditions, or changes to conditions in a consent notice.

However, you can’t object if the consent authority refuses to grant a resource consent under sections 104B and 104C. But if an officer with delegated authority makes this decision, you can object.

These objection rights apply to various types of applications and decisions related to resource consents and their conditions.

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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 > Land use
Environment and resources > Town planning
Government and voting > Local councils
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357: Right of objection against certain decisions, or

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

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357AB: Objection under section 357A(1)(f) or (g) may be considered by hearings commissioner, or

“A special person can review your complaint about certain decisions if you ask”

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).