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New Zealand law explained for everyone

Resource Management Act 1991

Resource consents

87AAD: Overview of application of this Part to boundary activities and fast-track applications

You could also call this:

“This section explains how the rules for getting permission to build or do things near property boundaries are different from normal rules.”

This part of the law talks about two special types of activities: boundary activities and fast-track applications.

For boundary activities:

  • They might be allowed without needing permission if they meet certain rules in section 87BA.
  • There are limits on who can be told about requests for permission for these activities. You can find more details in sections 95A(4) and (5) and 95B(7).
  • You can’t appeal decisions about these activities unless it’s for a type that doesn’t comply with the rules.

For fast-track applications:

  • The authorities have to decide quickly whether to tell the public or just a few people about the application.
  • They also have to give their decision on the application faster than usual.
  • Apart from these two things, fast-track applications are treated the same as other applications.

Remember, if anything in this explanation doesn’t match what the actual law says, the law is the one that counts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7471365.

Topics:
Environment and resources > Town planning
Housing and property > Land use
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87AAC: Meaning of fast-track application, or

“A fast-track application is a special way to ask for permission to do certain activities quickly, but it can stop being fast-track in some situations.”

Next

87AAE: Other fast-track consenting process, or

“A special quick way to get permission for building projects is still available, even though some laws have changed.”

Part 6 Resource consents

87AADOverview of application of this Part to boundary activities and fast-track applications

  1. If an activity is a boundary activity,—

  2. the activity may be a permitted activity if the requirements of section 87BA are satisfied:
    1. there are restrictions on who may be notified of an application for a resource consent for the activity (see sections 95A(4) and (5) and 95B(7)):
      1. the right of appeal under section 120 against the whole or any part of a decision of a consent authority is excluded unless the decision relates to a resource consent for a non-complying activity.

        1. If an application is a fast-track application,—

        2. a consent authority must, within the time limit specified in section 95 for fast-track applications, decide whether to give public or limited notification of the application; and
          1. notice of a decision on the application must be given within the time limit specified in section 115(4A); and
            1. except as provided for in paragraphs (a) and (b), this Act applies to the application in the same way as it applies to any other application for a resource consent.

              1. This overview is by way of explanation only. If any provision of this Act conflicts with this overview, that provision prevails.

              Notes
              • Section 87AAD: inserted, on , by section 134 of the Resource Legislation Amendment Act 2017 (2017 No 15).