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Resource Management Act 1991

Designations and heritage orders - Time limits from which time periods are excluded in relation to designations and heritage orders

198AB: Excluded time periods relating to provision of further information

You could also call this:

“Time paused when more details are needed for building or heritage plans”

When you ask for more information about a notice, certain time periods don’t count towards the overall time limit. This applies when the local council asks for more details or wants to get a report about the notice.

If the council asks for more information, they stop counting time from when they ask until:

  • You give them the information within 15 working days
  • You agree to give the information and then provide it
  • You agree to give the information but don’t, and a new deadline is set
  • You don’t respond for 15 working days
  • You say no to giving the information

If the council wants to get a report and you agree, they stop counting time from when they tell you about the report until they receive it.

If the council wants to get a report and you don’t agree, they stop counting time from when they tell you about the report until:

  • 15 working days pass, or
  • You tell them you won’t agree to the report

These rules help make sure you have enough time to respond to requests for more information about your notice.

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 It might be out of date or be missing some parts.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=DLM6398627.

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198AA: Time limits from which time periods are excluded in relation to designations and heritage orders, or

“Rules for pausing time limits when dealing with special land protections”

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Part 8 Designations and heritage orders
Time limits from which time periods are excluded in relation to designations and heritage orders

198ABExcluded time periods relating to provision of further information

  1. Subsection (2) applies when—

  2. a territorial authority has requested a requiring authority or heritage protection authority, under section 92(1), to provide further information on a notice of requirement; and
    1. the request is the first request made by the territorial authority to the requiring authority or heritage protection authority under that provision—
      1. at all; or
        1. after the closing date for submissions.

        2. The period that must be excluded from every applicable time limit under section 198AA is the period—

        3. starting with the date of the request under section 92(1); and
          1. ending as follows:
            1. if the requiring authority or heritage protection authority provides the information within 15 working days, the date on which it provides the information:
              1. if the requiring authority or heritage protection authority agrees within 15 working days to provide the information and provides the information, the date on which it provides the information:
                1. if the requiring authority or heritage protection authority agrees within 15 working days to provide the information and does not provide the information, the date set under section 92A(2)(a):
                  1. if the requiring authority or heritage protection authority does not respond to the request within 15 working days, the date on which the period of 15 working days ends:
                    1. if the requiring authority or heritage protection authority refuses within 15 working days to provide the information, the date on which it refuses to provide the information.

                    2. Subsection (4) applies when—

                    3. a territorial authority has notified a requiring authority or heritage protection authority, under section 92(2)(b), of its wish to commission a report; and
                      1. the requiring authority or heritage protection authority agrees, under section 92B(1), to the commissioning of the report.

                        1. The period that must be excluded from every applicable time limit under section 198AA is the period—

                        2. starting with the date of the notification under section 92(2)(b); and
                          1. ending with the date on which the territorial authority receives the report.

                            1. Subsection (6) applies when—

                            2. a territorial authority has notified a requiring authority or heritage protection authority, under section 92(2)(b), of its wish to commission a report; and
                              1. the requiring authority or heritage protection authority does not agree, under section 92B(1), to the commissioning of the report.

                                1. The period that must be excluded from every applicable time limit under section 198AA is the period—

                                2. starting with the date of the notification under section 92(2)(b); and
                                  1. ending with the earlier of the following:
                                    1. the date on which the period of 15 working days ends; and
                                      1. the date on which the territorial authority receives the requiring authority's or heritage protection authority's refusal, under section 92B(1), to agree to the commissioning of the report.

                                      Notes
                                      • Section 198AB: inserted, on , by section 116 of the Resource Management Amendment Act 2013 (2013 No 63).