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 commenting on someone else's resource application"

Illustration for Resource Management Act 1991

You can make a submission under section 96 about someone else's application if you are directly affected by it. You are directly affected if the activity hurts the environment and is not about trade competition. You must follow the rules in sections 149E and 149O, and Schedule 1, or you will break the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2421549.

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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).