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390: Application being heard
or “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.”
You could also call this:

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

If you had an appeal about a permission that was sent to the Environment Court before this law started, it will be finished as if the old laws were still in place. This applies even if the hearing hadn’t started yet.

You can still appeal to the Environment Court if you had the right to do so before this law began, or if you’re appealing a decision made under section 390 about a permission described in section 389(1)(a)(i). These appeals will be handled as if the old laws were still in effect.

If you had the right to appeal a legal question or ask for a review of a decision about an application or appeal related to section 389(1)(a)(i), you can still do that.

When a permission is granted because of a decision made under this section, it becomes a resource consent under this new law. The new law will then apply to it.

In this section, ‘right of appeal’ includes hearing and deciding on appeals, even if you filed the appeal notice and the deadline for filing passed before 1 October 1991.

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Next up: 390B: Date on which application deemed to be made

or “When a resource consent application is considered to have been officially submitted”
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Part 15 Transitional provisions
Transitional resource consents

390AAppeals

  1. All appeals to the Environment Court arising out of applications for permissions covered by section 389(1)(a)(i), that were lodged with the Environment Court before the date of commencement of this Act and were not completed at that date shall be continued and completed in all respects (whether or not any hearing has commenced) as if the enactments repealed by this Act continued in force.

  2. Where any applicant or other person had a right of appeal to the Environment Court—

  3. in any case where a determination of an application for a permission of a kind described in section 389(1)(a)(i) had been made before the date of commencement of this Act, and the right of appeal had not expired on the date of commencement of the Act; or
    1. in respect of a determination made under section 390 on an application for a permission of a kind described in section 389(1)(a)(i)—
        1. the applicant or other person may, notwithstanding the repeal or amendment of any enactment by this Act, continue to exercise that right; and any such appeal shall be continued and completed as if the relevant enactment so repealed or amended continued in force or continued in force without amendment, as the case may be.

      1. Any person who, if this Act had not been enacted, had—

      2. a right of appeal on any question of law; or
        1. a right to make an application for review—
            1. in respect of any determination of any application or of the determination of any appeal, to which this section or section 389(1)(a)(i) applies, may continue to exercise that right.

          1. Where the effect of any determination made under this section is that the permission 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.

          2. For the purposes of this section, the term right of appeal includes the hearing and determination of the appeal (including an appeal where the notice of appeal was lodged and the date for the lodging of the appeal expired before 1 October 1991).

          Notes
          • Section 390A: inserted, on , by section 181 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 390A(1): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
          • Section 390A(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).