Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Application for resource consent

91C: Notified application may be returned if suspended after certain period

You could also call this:

“If a resource consent application is on hold for too long, the council might send it back to you.”

If you apply for a resource consent and it’s notified, sometimes the process can be paused. This is called being suspended. If your application has been suspended for a long time, the people in charge (called the consent authority) might decide to give it back to you.

They will do this if your application has been paused for 130 working days or more in total, and it’s still paused right now. When this happens, the consent authority has to choose between two options. They can either give your application back to you or keep working on it.

If they decide to give it back, they have to explain why in writing. But don’t worry, you can disagree with their decision if you want to. There’s a special process for this called making an objection.

If you get your application back and want to try again, you can. But when you give it to the consent authority again, they’ll treat it like a brand new application. This means you’ll be starting the process from the beginning.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6397397.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
Previous

91B: When suspension of processing of notified application ceases, or

“This explains when the council must start working on your application again after they had stopped for a while.”

Next

91D: Applicant may have processing of non-notified application suspended, or

“You can ask to pause the processing of your application if it doesn't need public input.”

Part 6 Resource consents
Application for resource consent

91CNotified application may be returned if suspended after certain period

  1. Subsection (2) applies if—

  2. a total of 130 or more working days have been excluded from time limits under section 88B in relation to a notified application (which, under section 88E(8), includes time during which the application has been suspended); and
    1. the application is suspended at the time.

      1. The consent authority must decide to—

      2. return the application to the applicant; or
        1. continue to process the application.

          1. If the consent authority decides to return the application,—

          2. it must be returned together with a written explanation as to why it is being returned; but
            1. the applicant may object to the consent authority under section 357(3A).

              1. If, after an application has been returned, the application is lodged again with the consent authority, the application is to be treated as a new application.

              Notes
              • Section 91C: inserted, on , by section 98 of the Resource Management Amendment Act 2013 (2013 No 63).
              • Section 91C heading: amended, on , by section 31(1) of the Resource Management Amendment Act 2020 (2020 No 30).
              • Section 91C(1)(a): amended, on , by section 31(2) of the Resource Management Amendment Act 2020 (2020 No 30).