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Resource Management Act 1991

Transitional provisions - Transitional resource consents

390B: Date on which application deemed to be made

You could also call this:

“When is your resource consent application officially considered made?”

When you apply for a transitional resource consent, your application is deemed to be made on a certain date. If the person who decides your application is still the same, your application is deemed to be made on the date the Act started. You can find more information about this in section 390, section 389, and section 390A.

If the person who decides your application has changed, they will write the date your application was made on it and send it to the new decision maker. They will also send any relevant information with your application. This is related to section 389(1) and section 399.

The person who was originally going to decide your application must do this as soon as possible. They need to make sure the new decision maker gets all the information they need to consider your application.

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

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390C: Dealing with applications for permissions, or

"What happens when you ask for permission under the old rules"

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).