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Resource Management Act 1991

Act not to be used to oppose trade competitors

308B: Limit on making submissions

You could also call this:

"Rules for speaking up about someone else's plan that affects you and the environment"

When you want to make a submission under section 96 about someone else's application, there are rules you must follow. You can only make a submission if the activity in the application will directly affect you and have a bad impact on the environment. The submission must not be about competing with the person who made the application.

You must be directly affected by the activity in a way that harms the environment, and it must not be about trade competition. If you do not follow the rules for making submissions, which are set out in section 149E, section 149O, or Schedule 1, you will be breaking the law.

If you make a submission, you need to make sure you are following the rules, or you might be doing something wrong.

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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=DLM2421549.

Topics:
Environment and resources > Town planningEnvironment and resources > Conservation
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308A: Identification of trade competitors and surrogates, or

"Who are trade competitors and how do they affect each other in law?"

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308C: Limit on representation at appeals, or

"Who can take part in an Environment Court appeal about decisions that affect the environment"

Part 11AAct not to be used to oppose trade competitors

308BLimit on making submissions

  1. Subsection (2) applies when person A wants to make a submission under section 96 about an application by person B.

  2. Person A may make the submission only if directly affected by an effect of the activity to which the application relates, that—

  3. adversely affects the environment; and
    1. does not relate to trade competition or the effects of trade competition.

      1. Failure to comply with the limits on submissions set in section 149E or 149O or Schedule 1 is a contravention of this Part.

      Notes
      • Section 308B: inserted, on , by section 135 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
      • Section 308B(3): amended, on , by section 109 of the Resource Legislation Amendment Act 2017 (2017 No 15).