Resource Management Act 1991

Transitional provisions - Transitional resource consents

390C: Dealing with applications for permissions

You could also call this:

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

If you apply for a resource consent under the old rules, the application will be dealt with under those rules. You will not need to notify your application under sections 95 to 95G if it was already publicly notified. Any objections or submissions you made will be treated as if they were made under section 96.

If the old rules did not require public notification, you will not need to notify your application under sections 95 to 95G. The rest of the Resource Management Act will still apply to your application. You can appeal against the decision on your application.

When your application is granted or declined, it is like getting a resource consent under the new rules. You can appeal against this decision under the Resource Management Act, even if all the requirements were not met. The decision on your application may not have followed all the rules, but it is still a valid decision.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239897.

Topics:

Environment and resources > Town planningHousing and property > Land use

390B: Date on which application deemed to be made, or

"When is your resource consent application officially considered made?"

390D: Timing for renewals, or

"When to apply for a new permission or licence before the old one expires"

Part 15Transitional provisions
Transitional resource consents

390CDealing with applications for permissions

Where an application to which section 389(1) applies has, before the commencement of this Act, been publicly notified or advertised in accordance with the enactment under which the application was made—
the application shall not be notified under sections 95 to 95G; and
any objection or submission in respect of the application that has been or is made in accordance with that public notification or advertisement, and which has not been withdrawn, shall be deemed to be a submission made under section 96—

Where the enactment under which the application to which section 389(1) applies did not require the application to be publicly notified or advertised, the application shall not be notified under sections 95 to 95G; but otherwise the provisions of this Act shall apply in respect of the application.
The granting or declining of an application to which section 389(1) applies—
constitutes the granting or declining of a resource consent of the appropriate kind under this Act, notwithstanding that all the requirements of this Act in relation to the application for, and determination of, resource consents may not have been complied with; and
may be appealed against in accordance with this Act.

Notes

Section 390C: inserted, on 7 July 1993, by section 181 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 390C(1)(a): amended, on 4 September 2013, by section 63 of the Resource Management Amendment Act 2013 (2013 No 63).
Section 390C(1)(a): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 390C(2): amended, on 4 September 2013, by section 63 of the Resource Management Amendment Act 2013 (2013 No 63).
Section 390C(2): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).