Resource Management Act 1991

Resource consents - Streamlining decision-making on resource consents

87F: Consent authority's subsequent processing

You could also call this:

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

When you ask for your application to be sent straight to the Environment Court, the consent authority has to decide what to do next. If they say no to your request, they will keep processing your application as usual.

If they say yes to your request, they have to do a few things. They need to write a report about your application within 20 working days after people stop sending in their opinions, or within 20 working days after they agreed to your request - whichever is longer.

In this report, they have to talk about important things related to your application, suggest some rules that should be followed if the Environment Court says yes, and give a summary of what people said about your application.

Once the report is ready, they need to give a copy to you and to everyone who sent in their thoughts about your application.

The consent authority also has to help the Environment Court with any questions they might have about the report. They are part of the court process and need to be ready to go to court to explain things, give more information, or talk about what people said about your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2414717.

Topics:
Environment and resources > Town planning
Government and voting > Local councils

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87E: Consent authority’s decision on request, or

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


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87G: Environment Court determines application, or

“The special court decides if you can change or use land and water in a certain way”

Part 6 Resource consents
Streamlining decision-making on resource consents

87FConsent authority's subsequent processing

  1. If the consent authority does not grant the applicant's request under section 87D, the consent authority must continue to process the application.

  2. If the consent authority grants the applicant's request under section 87D, the consent authority must continue to process the application and must comply with subsections (3) to (7).

  3. The consent authority must prepare a report on the application within the longer of the following periods:

  4. the period that ends 20 working days after the date on which the period for submissions on the application closes:
    1. the period that ends 20 working days after the date on which the authority decides to grant the request.
      1. In the report, the consent authority must

      2. address issues that are set out in sections 104 to 112 to the extent that they are relevant to the application; and
        1. suggest conditions that it considers should be imposed if the Environment Court grants the application; and
          1. provide a summary of submissions received.
            1. As soon as is reasonably practicable after the report is prepared, the consent authority must provide a copy to—

            2. the applicant; and
              1. every person who made a submission on the application.
                1. The consent authority must ensure that it provides reasonable assistance to the Environment Court in relation to any matters raised in the authority's report.

                2. In providing that assistance, the consent authority—

                3. is a party to the proceedings; and
                  1. must be available to attend hearings to—
                    1. discuss or clarify any matter in its report:
                      1. give evidence about its report:
                        1. discuss submissions received and address issues raised by the submissions:
                          1. provide any other relevant information requested by the court.
                          Notes
                          • Section 87F: inserted, on , by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 87F(2): amended, on , by section 14(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 87F(4): amended, on , by section 14(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 87F(4)(b): amended, on , by section 14(3) of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 87F(4)(c): inserted, on , by section 14(4) of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 87F(6): inserted, on , by section 14(5) of the Resource Management Amendment Act 2013 (2013 No 63).
                          • Section 87F(7): inserted, on , by section 14(5) of the Resource Management Amendment Act 2013 (2013 No 63).