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Resource Management Act 1991

Transitional provisions - Transitional resource consents

390: Application being heard

You could also call this:

"What happens if your application was already being heard when the new law started"

If you made an application for a permission under section 389(1) and a hearing for that application started before this Act came into effect, the application will be decided as if this Act did not exist. You will get a decision based on the old rules. If the decision is to grant you the permission, it will be like getting a resource consent under this Act.

If you get the permission, the rules of this Act will apply to it. This means you have to follow the rules of this Act for your resource consent. The type of resource consent you get will depend on the type of permission you applied for.

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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.

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389: Existing applications, or

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Part 15Transitional 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).