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Resource Management Act 1991

Miscellaneous provisions - Rights of objection

357C: Procedure for making and hearing objection under sections 357 to 357B

You could also call this:

“This explains how to make a complaint about a decision and what happens next.”

If you want to object to a decision made under sections 357, 357A, or 357B, you need to follow some rules.

You must write down your objection and send it within 15 working days after you find out about the decision. You can ask for more time if you need it.

In your written objection, you need to explain why you are objecting.

If your objection is about section 357A(1)(f) or (g), you can ask for a special person called a hearings commissioner to look at your objection instead of the usual authority.

For objections under sections 357 or 357A, the people who receive your objection must think about it within 20 working days. If they haven’t solved the problem, they must tell you in writing at least 5 working days before when and where they will hear your objection.

For objections under section 357B, the people who receive your objection must think about it as soon as they can. If they haven’t solved the problem, they must tell you in writing at least 5 working days before when and where they will hear your objection.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239360.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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357B: Right of objection in relation to imposition of additional charges or recovery of costs, or

“You can disagree if you're asked to pay extra money for things related to managing resources.”

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357CA: Powers of hearings commissioner considering objection under section 357A(1)(f) or (g), or

“A hearings commissioner can ask for more information or get a report to help decide on certain objections.”

Part 14 Miscellaneous provisions
Rights of objection

357CProcedure for making and hearing objection under sections 357 to 357B

  1. An objection under section 357, 357A,or 357B must be made by notice in writing not later than 15 working days after the decision or requirement is notified to the objector, or within any longer time allowed by the person or body to which the objection is made.

  2. A notice of objection must set out the reasons for the objection.

  3. A notice of an objection made under section 357A(1)(f) or (g) may include a request that the objection be considered by a hearings commissioner instead of by the consent authority.

  4. In the case of an objection made under section 357 or section 357A, the person or body to which the objection is made must—

  5. consider the objection within 20 working days; and
    1. if the objection has not been resolved, give at least 5 working days' written notice to the objector of the date, time, and place for a hearing of the objection.

      1. In the case of an objection made under section 357B, the person or body to which the objection is made must—

      2. consider the objection as soon as reasonably practicable; and
        1. if the objection has not been resolved, give at least 5 working days' written notice to the objector of the date, time, and place for a hearing of the objection.

          Notes
          • Section 357C: inserted, on , by section 124 of the Resource Management Amendment Act 2005 (2005 No 87).
          • Section 357C(1): replaced, on , by section 144(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 357C(2A): inserted, on , by section 168 of the Resource Legislation Amendment Act 2017 (2017 No 15).
          • Section 357C(3): amended, on , by section 144(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 357C(3)(b): amended, on , by section 61 of the Resource Management Amendment Act 2013 (2013 No 63).
          • Section 357C(4): amended, on , by section 144(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 357C(4)(b): amended, on , by section 61 of the Resource Management Amendment Act 2013 (2013 No 63).