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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:

"Telling the public about your resource consent application when you don't give extra information or agree to a report"

If you apply for a resource consent, the consent authority might ask you for more information. They can do this under section 92(1). If you do not give them the information they ask for, or if you refuse to give it to them, the consent authority must tell the public about your application. You can read more about what a resource consent is in section 95A(2) and (3). The consent authority also might want to get a report about your application, and they can do this under section 92(2)(b). If you do not agree to this report, or if you do not respond, the consent authority must tell the public about your application. This rule applies even if there are other rules that say the application should not be made public.

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This page was last updated on

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 > ConservationEnvironment and resources > Town planning
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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

"Does a project's bad effects on the environment matter?"

Part 6Resource 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).