Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
88D: Excluded time periods relating to direct referral
or “When you ask for your application to be sent straight to the Environment Court, some time doesn't count towards the decision deadline.”
You could also call this:

“Certain times don't count when processing your request for permission to use land or resources”

When you apply for a resource consent, there are certain time periods that don’t count towards the overall processing time. These periods are:

If the consent authority decides not to proceed with notifying or hearing your application, the time from when they tell you this until you provide the extra information they need, or until the Environment Court cancels their decision.

When you try to get approval from people or groups who might be affected by your activity, the time you spend trying to get these approvals doesn’t count, even if you don’t end up getting them.

If the consent authority sends people to mediation, the time from when they do this until someone withdraws from the mediation or the mediator reports back to the authority doesn’t count.

If the processing of your application is put on hold, the time it’s on hold doesn’t count towards the processing time.

These rules help make sure that delays outside of the normal process don’t unfairly count against the time limits for processing your application.

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 It might be out of date or be missing some parts.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: 88F: Excluded time periods relating to pre-request aquaculture agreements

or “This rule talks about when the clock stops ticking while someone asks to start a fish farm in the ocean.”
Next

Part 6 Resource consents
Application for resource consent

88EExcluded time periods relating to other matters

  1. Subsection (2) applies when a consent authority determines, under section 91(1), not to proceed with the notification or hearing of an application for a resource consent.

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

  3. starting with the date of the notification of the determination to the applicant under section 91(2); and
    1. ending with—
      1. the date of the receipt of applications for the resource consents that the authority considers, under section 91(1)(b), should be applied for; or
        1. the date of an Environment Court order revoking the authority's determination.

        2. Subsection (4) applies when an applicant tries, for the purposes of section 95E(3), 95F, or 95G, to obtain approval for an activity from any person or group that may otherwise be considered an affected person, affected protected customary rights group, or affected customary marine title group in relation to the activity.

        3. The period that must be excluded from every applicable time limit under section 88B is the time taken by the applicant in trying to obtain the approvals, whether or not they are obtained.

        4. Subsection (6) applies when a consent authority refers persons to mediation under section 99A.

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

        6. starting with the date of the reference; and
          1. ending with the earlier of the following:
            1. the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and
              1. the date on which the mediator reports the outcome of the mediation to the authority.

              2. Subsection (8) applies when the processing of an application is suspended under section 91A.

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

              4. starting with the date on which the suspension started:
                1. ending with the date on which the suspension ceased.

                  Notes
                  • Section 88E: inserted, on , by section 71 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 88E(1) heading: inserted, on , by section 96(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                  • Section 88E(2): amended, on , by section 96(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                  • Section 88E(3) heading: inserted, on , by section 96(3) of the Resource Management Amendment Act 2013 (2013 No 63).
                  • Section 88E(3): replaced, on , by section 96(3) of the Resource Management Amendment Act 2013 (2013 No 63).
                  • Section 88E(4): amended, on , by section 96(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                  • Section 88E(5) heading: inserted, on , by section 96(4) of the Resource Management Amendment Act 2013 (2013 No 63).
                  • Section 88E(6): amended, on , by section 96(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                  • Section 88E(7) heading: inserted, on , by section 96(5) of the Resource Management Amendment Act 2013 (2013 No 63).
                  • Section 88E(7) heading: amended, on , by section 27 of the Resource Management Amendment Act 2020 (2020 No 30).
                  • Section 88E(7): inserted, on , by section 96(5) of the Resource Management Amendment Act 2013 (2013 No 63).
                  • Section 88E(8): inserted, on , by section 96(5) of the Resource Management Amendment Act 2013 (2013 No 63).