Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Act not to be used to oppose trade competitors

308B: Limit on making submissions

You could also call this:

“You can only comment on plans if the activity directly affects you, not just because of business competition.”

When you want to make a submission about someone else’s application, you can only do so if you are directly affected by the activity in the application. The effect must harm the environment and can’t be about trade competition or its effects.

If you’re making a submission, you need to follow the rules in section 149E, section 149O, or Schedule 1. If you don’t follow these rules, you’re breaking the law.

Remember, this law is about making sure people don’t use the Resource Management Act to fight against their business competitors unfairly.

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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.

Topics:
Environment and resources > Town planning
Business > Fair trading
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308A: Identification of trade competitors and surrogates, or

“This law explains who can and can't complain about business rivals in environmental cases.”

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308C: Limit on representation at appeals, or

“You can only join a court case about the environment if you're directly affected, not just to stop a business rival.”

Part 11A Act 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).