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88C: Excluded time periods relating to provision of further information
or “Time paused when extra details are needed for your request”
You could also call this:

“When you ask for your application to be sent straight to the Environment Court, some time doesn't count towards the decision deadline.”

When you ask for your resource consent application to be sent straight to the Environment Court, there are certain time periods that don’t count towards the usual deadlines. Here’s what you need to know:

If you ask for direct referral and the council says no, and you don’t object to their decision, the time between when you asked and 15 working days after the council said no doesn’t count.

If you ask for direct referral, the council says no, and you object but the council dismisses your objection, the time from when you asked until the council tells you they’ve dismissed your objection doesn’t count.

If you ask for direct referral and the council says yes, or if they first say no but then agree after you object, the time from when you asked until either 15 working days after the council agreed or when you tell the council you won’t take it to the Environment Court (whichever comes first) doesn’t count.

These excluded time periods apply to all the usual time limits for processing your application under section 88B.

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Next up: 88E: Excluded time periods relating to other matters

or “Certain times don't count when processing your request for permission to use land or resources”
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Part 6 Resource consents
Application for resource consent

88DExcluded time periods relating to direct referral

  1. Subsection (2) applies when—

  2. an applicant makes a request under section 87D(1); and
    1. the consent authority declines the request under section 87E(5) to (6A); and
      1. the applicant does not object under section 357A(1)(e).

        1. The period that must be excluded from every applicable time limit under section 88B is the period—

        2. starting with the date on which the consent authority receives the request; and
          1. ending with the date on which the 15 working days referred to in section 357C(1) end.

            1. Subsection (4) applies when—

            2. an applicant makes a request under section 87D(1); and
              1. the consent authority declines the request under section 87E(5) to (6A); and
                1. the consent authority dismisses the applicant's objection under section 357D.

                  1. The period that must be excluded from every applicable time limit under section 88B is the period—

                  2. starting with the date on which the consent authority receives the request; and
                    1. ending with the date on which the consent authority notifies the applicant of its decision to dismiss the objection.

                      1. Subsection (6) applies when—

                      2. an applicant makes a request under section 87D(1); and
                        1. either—
                          1. the consent authority grants the request under section 87E(5) to (6A); or
                            1. the consent authority declines the request under section 87E(5) to (6A), but upholds the applicant's objection under section 357D.

                            2. The period that must be excluded from every applicable time limit under section 88B is the period—

                            3. starting with the date on which the consent authority receives the request; and
                              1. ending with the earlier of the following:
                                1. the date on which the 15 working days referred to in section 87G(2)(a) end; and
                                  1. the date on which the applicant advises the consent authority that the applicant does not intend to lodge a notice of motion with the Environment Court under section 87G(2).

                                  Notes
                                  • Section 88D: replaced, on , by section 95 of the Resource Management Amendment Act 2013 (2013 No 63).