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Resource Management Act 1991

Transitional provisions - Transitional resource consents

399: Applications received on same day

You could also call this:

“Rules for deciding which application to process first when multiple requests are received on the same day”

If a consent authority gets two or more applications on the same day, they need to follow special rules. This happens when the applications are for different proposals and are made by different people. It’s also important when approving one application might mean another can’t be approved, or would have to have stricter conditions.

In this case, the consent authority will look at the applications in order. They start with the one that has the earliest date written on it and end with the one that has the latest date. They will process and decide on each application following this order, using the rules set out in the Resource Management Act.

This rule applies when applications are received as described in section 390B(2), section 393(1)(c)(ii), or section 397(2)(b) of the Act. The consent authority must follow this process to make sure each application is treated fairly based on when it was received.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240341.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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“Regional councils can't accept requests for sea-related permits in areas the Fisheries Minister has pointed out.”

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400: Applications under Marine Farming Act 1971 for prohibited anchorages, etc, or

“ Old rules about restricted areas in marine farms continue until new decisions are made ”

Part 15 Transitional provisions
Transitional resource consents

399Applications received on same day

  1. Where—

  2. in accordance with section 390B(2) or section 393(1)(c)(ii) or section 397(2)(b), a consent authority receives, on the same date, 2 or more applications; and
    1. those applications do not relate to the same proposal and were not made by the same person; and
      1. the granting of one of those applications would mean that it would be likely that any other of those applications would not be granted or, if granted, would be granted on conditions that would not otherwise be imposed and which would be less favourable to the interests of the relevant applicant—
          1. the consent authority shall process and determine those applications under this Act in a sequence commencing with the application which, in accordance with any of those provisions, is endorsed with the earliest date, and ending with the application so endorsed with the latest date, and this Act shall apply accordingly.

        Notes
        • Section 399(a): amended, on , by section 190 of the Resource Management Amendment Act 1993 (1993 No 65).