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390C: Dealing with applications for permissions
or “How to handle requests for permission that were made before the new rules started”
You could also call this:

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

If you hold an approval (like a permission, licence, permit, or order) mentioned in section 389(1) or section 389(2), and you applied for a new approval or resource consent for the same activity before your original approval expired and before 1 January 1992, your application is treated as if you made it at least 6 months before your original approval expired. This means that section 124 applies to your application.

When figuring out when you applied, the date that counts is when you gave your application to the authority that was in charge at that time. It’s not the date when the current authority under this Act received your application.

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Next up: 391: Applications for licences and approvals under Clean Air Act 1972

or “This law explains how old requests for air pollution permits will be handled under the new 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).