Resource Management Act 1991

Resource consents - Application for resource consent

88E: Excluded time periods relating to other matters

You could also call this:

"Time limits for resource consent applications don't include time spent on certain things like getting approvals or going to mediation."

When you apply for a resource consent, there are time limits that apply. If a consent authority decides not to notify or hear your application under section 91(1), a certain period of time is excluded from these time limits. This period starts when you are told about the decision under section 91(2).

If you try to get approval from people who might be affected by your application, the time you spend doing this is also excluded from the time limits. This is the case even if you do not get the approval, and it is for the purposes of section 95E(3), 95F, or 95G.

When a consent authority refers people to mediation under section 99A, the time spent in mediation is excluded from the time limits. The period of time that is excluded starts when the mediation is referred and ends when one of the people involved withdraws from the mediation or when the mediator reports back to the authority.

If the processing of your application is suspended under section 91A, the time that the application is suspended is excluded from the time limits. This period starts when the suspension begins and ends when the suspension ends, and it is excluded from the time limits under section 88B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2416141.


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Part 6Resource 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).