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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

198AC: Excluded time periods relating to direct referral

You could also call this:

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

This law explains when certain time periods are excluded from time limits in the Resource Management Act. Here’s what you need to know:

When someone asks for a direct referral, there are different scenarios that can happen. In each case, some time is excluded from the usual time limits.

If the territorial authority says no to the request and the person asking doesn’t object, the excluded time is from when the authority gets the request until 15 working days after that.

If the authority says no and dismisses an objection, the excluded time is from when they get the request until they tell the person their decision.

If the authority says yes, or if they change their mind after an objection, the excluded time is from when they get the request until either 15 working days later or when the person tells them they won’t go to the Environment Court.

When the territorial authority makes a decision about referring the matter to the Environment Court, the excluded time is from when they make that decision until either 15 working days later or when they decide not to go to the Environment Court.

These rules help to make sure that the right amount of time is given for each step in the 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=DLM6398643.

Topics:
Environment and resources > Land use
Environment and resources > Town planning
Government and voting > Local councils
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198AB: Excluded time periods relating to provision of further information, or

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

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198AD: Excluded time periods relating to other matters, or

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

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

198ACExcluded time periods relating to direct referral

  1. Subsection (2) applies when—

  2. a requiring authority or heritage protection authority makes a request under section 198B(1); and
    1. the territorial authority declines the request under section 198C(4) to (5A); and
      1. the requiring authority or heritage protection authority does not object under section 357(8).

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

        2. starting with the date on which the territorial authority receives the request; and
          1. ending with the date on which the 15 working days referred to in section 357C(1) end.

            1. Subsection (4) applies when—

            2. a requiring authority or heritage protection authority makes a request under section 198B(1); and
              1. the territorial authority declines the request under section 198C(4) to (5A); and
                1. the territorial authority dismisses the requiring authority's or heritage protection authority's objection under section 357D.

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

                  2. starting with the date on which the territorial authority receives the request; and
                    1. ending with the date on which the territorial authority notifies the requiring authority or heritage protection authority of its decision to dismiss the objection.

                      1. Subsection (6) applies when—

                      2. a requiring authority or heritage protection authority makes a request under section 198B(1); and
                        1. either—
                          1. the territorial authority grants the request under section 198C(4) to (5A); or
                            1. the territorial authority declines the request under section 198C(4) to (5A), but upholds the requiring authority's or heritage protection authority's objection under section 357D.

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

                            3. starting with the date on which the territorial authority receives the request; and
                              1. ending with the earlier of the following:
                                1. the date on which the 15 working days referred to in section 198E(2)(a) end; and
                                  1. the date on which the requiring authority or heritage protection authority advises the territorial authority that it does not intend to lodge a notice of motion with the Environment Court under section 198E(2).

                                  2. Subsection (8) applies when a territorial authority makes a decision under section 198H(1).

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

                                  4. starting with the date on which the territorial authority makes the decision; and
                                    1. ending with the earlier of the following:
                                      1. the date on which the 15 working days referred to in section 198K(1)(a) end; and
                                        1. the date on which the territorial authority decides not to lodge a notice of motion with the Environment Court under section 198K(1).

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