Resource Management Act 1991

Resource consents - Streamlining decision-making on resource consents

87I: When consent authority must determine application

You could also call this:

"When the council must decide on your resource consent application"

When you apply for a resource consent, you might get a report under section 87F(5). You then have two options: you can tell the consent authority you do not want to go to the Environment Court under section 87G(2), or you can choose not to go to the Environment Court. The consent authority must make a decision on your application.

You will know the consent authority has to make a decision when you have received the report and you have either told them you do not want to go to the Environment Court or you have not gone to the Environment Court. The consent authority's job is to determine your application. This means they have to make a decision about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2414720.


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87H: Residual powers of consent authority, or

"When a court makes a decision, the council gets to manage the consent as if they made the decision."


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88: Making an application, or

"How to apply for permission to use natural resources"

Part 6Resource consents
Streamlining decision-making on resource consents

87IWhen consent authority must determine application

  1. This section applies when—

  2. an applicant receives a report under section 87F(5); and
    1. either—
      1. the applicant advises the authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2); or
        1. the applicant does not lodge a notice of motion with the Environment Court under section 87G(2).
          1. The application must be determined by the consent authority.

          Notes
          • Section 87I: inserted, on , by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 87I(1)(b)(ii): amended, on , by section 91(1) of the Resource Management Amendment Act 2013 (2013 No 63).
          • Section 87I(1)(c): repealed, on , by section 91(2) of the Resource Management Amendment Act 2013 (2013 No 63).