Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Public notification and limited notification of applications

95C: Public notification of consent application after request for further information or report

You could also call this:

“The council must tell everyone about a resource consent application if the applicant doesn't give more information or agree to a report when asked.”

If you want to get a resource consent, you need to apply to a consent authority. Sometimes, they might need more information from you or want to get a report about your application.

If the consent authority hasn’t decided whether to tell everyone or just some people about your application, they must tell everyone if:

You don’t give them the extra information they asked for by the due date, or you say no to giving it to them.

Or, if they tell you they want to get a report about your application, and you don’t reply by the due date, or you say no to them getting the report.

The consent authority must tell everyone about your application in these cases, even if there are rules that say they shouldn’t. This is to make sure everyone has a chance to know about your application if you don’t provide the information they need.

If you want to know more about how the consent authority decides who to tell about applications, you can look at section 95A(2) and (3). For information about how they ask for more details, check section 92(1). To learn about how they tell you they want to get a report, see section 92(2)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2416411.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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95B: Limited notification of consent applications, or

“Telling some people about permission requests for special activities”

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95D: Consent authority decides if adverse effects likely to be more than minor, or

“The authority decides which effects on the environment are important when considering an activity.”

Part 6 Resource consents
Public notification and limited notification of applications

95CPublic notification of consent application after request for further information or report

  1. A consent authority must publicly notify an application for a resource consent (see section 95A(2) and (3)) if—

  2. it has not already decided whether to give public or limited notification of the application; and
    1. subsection (2) or (3) applies.

      1. This subsection applies if the consent authority requests further information on the application under section 92(1), but the applicant—

      2. does not provide the information before the deadline concerned; or
        1. refuses to provide the information.

          1. This subsection applies if the consent authority notifies the applicant under section 92(2)(b) that it wants to commission a report, but the applicant—

          2. does not respond before the deadline concerned; or
            1. refuses to agree to the commissioning of the report.

              1. This section applies despite any rule or national environmental standard that precludes public or limited notification of the application.

              Notes
              • Section 95C: inserted, on , by section 76 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
              • Section 95C(1): amended, on , by section 138 of the Resource Legislation Amendment Act 2017 (2017 No 15).