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Resource Management Act 1991

Transitional provisions - Transitional resource consents

390: Application being heard

You could also call this:

“If a hearing for a permission request started before this law came into effect, it will be finished under the old rules, but the result will count as a new resource consent.”

If you applied for permission under section 389(1) and your application was being heard when this Act started, your application will be decided as if this Act didn’t exist. This only applies if the old law required a hearing for your application.

If your application is approved under these old rules, it will count as if you got a resource consent under the new Act. The new Act will then apply to your consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239889.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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389: Existing applications, or

“Unfinished requests for special permissions before the new law started are now treated as requests for resource consents”

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390A: Appeals, or

“Rules for continuing or starting court cases about special land use permissions”

Part 15 Transitional provisions
Transitional resource consents

390Application being heard

  1. In any case where, in accordance with the enactment under which the application for a permission under section 389(1) was made, the consideration of the application involved a hearing, and that hearing had commenced before the date of commencement of this Act, the application shall be determined as if this Act had not been enacted.

  2. Where the effect of any determination under this section is that the permission, licence, or permit is granted, the grant shall constitute the grant of a resource consent of the appropriate kind under this Act; and this Act shall apply accordingly.

Notes
  • Section 390: replaced, on , by section 181 of the Resource Management Amendment Act 1993 (1993 No 65).