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Resource Management Act 1991

Transitional provisions - Transitional resource consents

390C: Dealing with applications for permissions

You could also call this:

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

When you apply for a permission that was made before this law started, there are special rules. If your application was already publicly announced, you don’t need to notify it again under sections 95 to 95G. Any objections or comments people made about your application will be treated as submissions under section 96. For all other aspects, the new law applies to your application.

If the old law didn’t require your application to be publicly announced, you don’t need to notify it under sections 95 to 95G of the new law. However, all other parts of the new law will apply to your application.

When your application is approved or denied, it’s the same as getting or not getting a resource consent under the new law. This is true even if not all the new law’s requirements were followed. If you’re not happy with the decision, you can appeal it using the new law’s process.

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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 planning
Government and voting > Local councils
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390B: Date on which application deemed to be made, or

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

Next

390D: Timing for renewals, or

“This law explains when and how people can ask to keep using resources after their old permission runs out.”

Part 15 Transitional provisions
Transitional resource consents

390CDealing with applications for permissions

  1. 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—

  2. the application shall not be notified under sections 95 to 95G; and
    1. 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that has been or is made in accordance with that public notification or advertisement, and which has not been withdrawn, shall be deemed to be a submission made under section 96—
        1. but otherwise the provisions of this Act shall apply in respect of the application.

      1. 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.

      2. The granting or declining of an application to which section 389(1) applies—

      3. 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
        1. may be appealed against in accordance with this Act.

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