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Resource Management Act 1991

Resource consents - Streamlining decision-making on resource consents

87E: Consent authority’s decision on request

You could also call this:

“The council decides whether to approve or decline your request for a resource consent.”

When you ask for a resource consent, the consent authority makes a decision. If your application is incomplete, the consent authority will return it without making a decision. They will follow the rules in section 88(3) to check if your application is complete.

If the consent authority gets your request after they decide not to notify others about your application, they will return your request. If they get your request before making that decision, they will wait until they decide whether to notify others. Then they will decide what to do with your request.

The consent authority must make a decision on your request within 15 working days. This can be after they decide to notify others about your application, or after they get your request. If regulations have been made under section 360(1)(hm), the consent authority must grant your request if the investment is likely to meet a certain threshold.

If the consent authority returns or declines your request, they must give you their reasons in writing. You can object to their decision under section 357A(1)(e) if they decline your request. No one who makes a submission has the right to be heard by the consent authority on your request.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2414716.

Topics:
Environment and resources > Town planning Housing and property > Land use
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87D: Request for application to go directly to Environment Court, or

"Ask to take your resource consent application straight to the Environment Court"

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87F: Consent authority's subsequent processing, or

"What happens next with your resource consent application after the consent authority makes a decision."

Part 6 Resource consents
Streamlining decision-making on resource consents

87EConsent authority’s decision on request

  1. If the consent authority determines under section 88(3) that the application is incomplete, it must return the request with the application without making a decision on the request. Section 88(4) and (5) apply to the application.

  2. If the consent authority receives the request after it has determined that the application will not be notified, it must return the request.

  3. If the consent authority receives the request before it has determined whether the application will be notified, it must defer its decision on the request until after it has decided whether to notify the application and then apply either subsection (4) or (5).

  4. If the consent authority decides not to notify the application, it must return the request.

  5. If the consent authority decides to notify the application, it must give the applicant its decision on the request within 15 working days after the date of the decision on notification.

  6. In any other case, the consent authority must give the applicant its decision on the request within 15 working days after receiving the request.

  7. Despite the discretion to grant a request under subsection (5) or (6), if regulations have been made under section 360(1)(hm),—

  8. the consent authority must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
    1. that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.

      1. No submitter has a right to be heard by the consent authority on a request.

      2. If the consent authority returns or declines the request, it must give the applicant its reasons, in writing or electronically, at the same time as it gives the applicant its decision.

      3. If the consent authority declines the request under subsections (5) to (6A) the applicant may object to the consent authority under section 357A(1)(e).

      Notes
      • Section 87E: inserted, on , by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 87E(6A): inserted, on , by section 13(1) of the Resource Management Amendment Act 2013 (2013 No 63).
      • Section 87E(9): amended, on , by section 13(2) of the Resource Management Amendment Act 2013 (2013 No 63).