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Resource Management Act 1991

Miscellaneous provisions - Rights of objection

357D: Decision on objections made under sections 357 to 357B

You could also call this:

“The authorities decide if your complaint about a decision is right or wrong, and tell you why.”

When you make an objection under sections 357 to 357B, the person or group that receives it can do a few things. They can dismiss your objection, agree with it completely or partly, or in some cases, reduce or cancel an extra charge you’re objecting to.

The person or group has to tell you their decision within 15 working days after they make it. They’ll write to you and anyone else they think should know, explaining what they decided and why.

If you made an objection about a specific type of decision (section 357A(1)(e)), and the consent authority agrees with you (even if it’s only partly), their new decision replaces the part you objected to in the earlier decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239362.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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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.”

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358: Appeals against certain decisions or objections, or

“You can challenge decisions about objections by taking them to a special court.”

Part 14 Miscellaneous provisions
Rights of objection

357DDecision on objections made under sections 357 to 357B

  1. The person or body to which an objection is made under sections 357 to 357B may—

  2. dismiss the objection; or
    1. uphold the objection in whole or in part; or
      1. in the case of an objection under section 357B(a), as it relates to an additional charge under section 36(5), remit the whole or any part of the additional charge over which the objection was made.

        1. The person or body to which the objection is made must, within 15 working days after making its decision on the objection, give to the objector, and to every person whom the person or body considers appropriate, notice in writing of its decision on the objection and the reasons for it.

        2. In the case of an objection made under section 357A(1)(e), if the consent authority upholds the objection in whole or in part, that decision replaces the part of the earlier decision to which the objection relates.

        Notes
        • Section 357D: inserted, on , by section 124 of the Resource Management Amendment Act 2005 (2005 No 87).
        • Section 357D(1): amended, on , by section 145(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 357D(1)(c): amended, on , by section 113 of the Resource Legislation Amendment Act 2017 (2017 No 15).
        • Section 357D(2): replaced, on , by section 145(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).