Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Application for resource consent

91A: Applicant may have processing of notified application suspended

You could also call this:

“You can ask to pause the processing of your notified application for a resource consent.”

You can ask the consent authority to stop working on your notified application for a while. This is called suspending the processing. You can make this request any time after your application is notified, up until the hearing is finished (if there is one), or until you get the decision (if there isn’t a hearing).

The consent authority must suspend the processing when you ask them to. You need to make your request in writing or electronically.

However, you can’t make this request if:

  • You’ve already asked the Environment Court to step in (as described in section 87G(2)(a)),
  • The Minister has given special instructions about your application (as described in section 142(2)), or
  • Your application has already been delayed for 130 working days or more (as described in section 88B and section 88E(8)).

If the consent authority agrees to suspend processing, they will tell you in writing or electronically when the suspension started.

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 It might be out of date or be missing some parts.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=DLM6397905.

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

91: Deferral pending application for additional consents, or

“The council can pause your request if you need more permits, so they can understand your plan better.”

Next

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.”

Part 6 Resource consents
Application for resource consent

91AApplicant may have processing of notified application suspended

  1. A consent authority must suspend the processing of a notified application when a request is received in accordance with this section.

  2. The applicant may request the consent authority to suspend the processing of an application at any time in the period—

  3. starting when the application is notified; and
    1. ending when—
      1. the hearing is completed, if a hearing is held for the application; or
        1. the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application.

        2. However, a request must not be made if—

        3. the applicant has lodged a notice of motion with the Environment Court under section 87G(2)(a); or
          1. the Minister has made a direction under section 142(2) in relation to the application; or
            1. a total of 130 or more working days have been excluded from time limits under section 88B in relation to the application (which, under section 88E(8), includes time during which the application has been suspended).

              1. The request must be made by written or electronic notice.

              2. If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started.

              Notes
              • Section 91A: inserted, on , by section 98 of the Resource Management Amendment Act 2013 (2013 No 63).
              • Section 91A heading: amended, on , by section 29 of the Resource Management Amendment Act 2020 (2020 No 30).