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87D: Request for application to go directly to Environment Court
or “You can ask for a judge to decide about your building plans instead of the local council.”
You could also call this:

“How the council decides if your request for a resource consent can be fast-tracked”

When you make a request about your resource consent application, the consent authority (like your local council) has to follow certain rules. If they think your application is not complete, they will send it back to you without deciding on your request. They will explain what’s missing.

If the authority has already decided not to tell others about your application, they will send your request back. If they haven’t decided yet whether to tell others, they will wait to make a decision on your request until after they decide about telling others.

If the authority decides not to tell others about your application, they will send your request back. But if they do decide to tell others, they will give you their decision on your request within 15 working days after they decide to tell others.

In other cases, the authority will give you their decision within 15 working days after they get your request.

Sometimes, the authority must approve your request if your project is worth a lot of money. But this doesn’t apply if there are special circumstances.

No one else has the right to speak to the authority about your request.

If the authority sends back or says no to your request, they must tell you why in writing or by email at the same time they give you their decision.

If the authority says no to your request, you can object to their decision. You can find out how to do this in section 357A(1)(e).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 87F: Consent authority's subsequent processing

or “How the authority handles a request and prepares a report on a resource consent application”
Next

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).