Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Transitional provisions - Transitional resource consents

390B: Date on which application deemed to be made

You could also call this:

“When a resource consent application is considered to have been officially submitted”

When you make an application under section 389, there are rules about when it’s considered to be officially made. Here’s how it works:

If the same authority that could decide on your application before is still in charge, your application is treated as if it was made on the day this law started.

If a different authority is now responsible for deciding on your application, the old authority needs to write the date you first made the application on it. They then need to send your application and all the important information about it to the new authority as soon as they can. In this case, your application is considered to be made on the day the new authority receives it.

These rules don’t apply if your application is handled under section 390 or section 390A.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239895.

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

390A: Appeals, or

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

Next

390C: Dealing with applications for permissions, or

“How to handle requests for permission that were made before the new rules started”

Part 15 Transitional provisions
Transitional resource consents

390BDate on which application deemed to be made

  1. Except as provided in section 390, every application to which section 389 applies (unless dealt with under section 390A) shall be deemed to be made—

  2. on the date of commencement of this Act, where the person who is empowered to decide the application by the enactment under which the application was made remains the relevant consent authority; or
    1. without limiting section 399, on the date it is received by the relevant consent authority if subsection (2) applies.

      1. Where, in respect of any application to which section 389(1) applies, the person who was empowered to decide the application by the enactment under which the application was made is no longer the relevant consent authority, that person shall, as soon as practicable, endorse on the application the date on which it was made and refer the application, and all information relevant to it, to the relevant consent authority.

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