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Resource Management Act 1991

Transitional provisions - Transitional resource consents

390D: Timing for renewals

You could also call this:

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

If you have a permission, licence, permit, or order that is about to expire, and you apply for a new one before it expires and before 1 January 1992, your application is treated as if you made it at least 6 months before the old one expires. This means the rules in section 124 will apply to your application. You can find more information about this in section 389(1) and section 389(2), which explain what kinds of approvals are affected by this rule.

When you apply for a new approval, the date that matters is the date you lodged your application with the consent authority, not the date they received it under the Resource Management Act.

The rules about applying for a new approval are important if you want to keep doing the same activity, so it’s good to know how they work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240300.

Topics:
Environment and resources > Conservation Environment and resources > Town planning
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"What happens when you ask for permission under the old rules"

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Part 15 Transitional provisions
Transitional resource consents

390DTiming for renewals

  1. Where the holder of a permission, licence, permit, or order referred to in either section 389(1) or section 389(2) (in this section called an approval), before the expiry of the approval and before 1 January 1992, made an application for a new approval or resource consent for the same activity, that application shall be deemed to have been made at least 6 months before the expiry of the original approval; and the provisions of section 124 shall apply accordingly.

  2. Notwithstanding any other provision of this Act, for the purposes of subsection (1) the date of application shall be the date on which the application was lodged with the then appropriate consent authority, and not the date on which it was received by the relevant consent authority under this Act.

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