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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

198AD: Excluded time periods relating to other matters

You could also call this:

“Time not counted when trying to get approvals or during mediation for land use changes”

When someone wants to get approval for a project that might affect others, they need to follow certain rules. If you’re trying to get approval for your project, the time you spend trying to get approvals from people who might be affected doesn’t count towards the deadline for your application. This applies even if you don’t end up getting those approvals.

If the local council suggests that people talk to a mediator to sort out any issues, the time spent in mediation also doesn’t count towards the application deadline. This period starts when the council refers people to mediation. It ends when someone tells everyone else and the mediator in writing that they don’t want to continue with mediation, or when the mediator tells the council what happened in the mediation, whichever comes first.

These rules help make sure that everyone has enough time to work things out, without causing delays in the overall process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6398629.

Topics:
Environment and resources > Town planning
Environment and resources > Land use
Government and voting > Local councils
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198AC: Excluded time periods relating to direct referral, or

“Rules about when the clock stops ticking for special land decisions”

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198A: Sections 198B to 198G apply to requirements under section 168 or 189, or

“ Special rules apply when authorities want the Environment Court to decide on certain land use requests ”

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

198ADExcluded time periods relating to other matters

  1. Subsection (2) applies when a requiring authority or heritage protection authority tries, for the purposes of section 149ZCF(3), 95F, or 95G, to obtain approval for an activity from any person or group that may otherwise be considered an affected person, affected protected customary rights group, or affected customary marine title group in relation to the activity.

  2. The period that must be excluded from every applicable time limit under section 198AA is the time taken by the requiring authority or heritage protection authority in trying to obtain the approvals, whether or not they are obtained.

  3. Subsection (4) applies when a territorial authority refers persons to mediation under section 99A.

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

  5. starting with the date of the reference; and
    1. ending with the earlier of the following:
      1. the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and
        1. the date on which the mediator reports the outcome of the mediation to the territorial authority.

        Notes
        • Section 198AD: inserted, on , by section 116 of the Resource Management Amendment Act 2013 (2013 No 63).
        • Section 198AD(1): amended, on , by section 162 of the Resource Legislation Amendment Act 2017 (2017 No 15).