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Resource Management Act 1991

Resource consents - Application for resource consent

88BA: Certain consents must be processed and decided no later than 1 year after lodgement

You could also call this:

"The council must decide on your resource consent within one year of you applying."

Illustration for Resource Management Act 1991

When you apply for a resource consent, the consent authority must process and decide it within one year. You can ask for an extension of up to one year if you need more time. The consent authority can also grant an extension if certain groups, like iwi authorities or customary marine title groups, request one under the Ngā Rohe Moana o Ngā Hāpu o Ngāti Porou Act 2019 or the Marine and Coastal Area (Takutai Moana) Act 2011, to recognise or provide for a Treaty settlement. If the time period is extended, the total time to process and decide your application must not be more than two years. You can also ask the consent authority to pause the processing of your application, and the time it is paused does not count towards the time period.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1532920.

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88B: Time limits from which time periods are excluded in relation to applications, or

"This section explains when certain waiting times don't count in the process of applying for permission to use resources."

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88C: Excluded time periods relating to provision of further information, or

"Time waits when council asks for more information about your resource consent application"

Part 6Resource consents
Application for resource consent

88BACertain consents must be processed and decided no later than 1 year after lodgement

  1. The time period within which a consent authority must process and decide an application for a resource consent for a specified energy activity or wood processing activity (the time period) is 1 year after the date the application is lodged.

  2. An extension of the time period for a further period not exceeding 1 year—

  3. must be granted by the consent authority if—
    1. the extension is requested by the applicant; or
      1. the application is for the establishment of a hydro-electricity activity or geothermal activity and the extension is requested under subsection (4); and
      2. may be granted by the consent authority no more than once in relation to any other activity if the extension is requested under subsection (4).

        1. When deciding a request for an extension to which subsection (2)(b) applies, the consent authority must—

        2. consider all requests of that kind received before the expiry of the time period; and
          1. if the time period has been extended under subsection (2)(a), consider all requests for extension from the applicant received before the expiry of the extended time period.

            1. The following groups may request an extension of the time period for the purpose of recognising or providing for a Treaty settlement or other arrangement:

            2. iwi authorities:
              1. post-settlement governance entities:
                1. ngā hapū o Ngāti Porou as defined in section 10 of the Ngā Rohe Moana o Ngā Hāpu o Ngāti Porou Act 2019:
                  1. iwi or hapū who are party to a Mana Whakahono a Rohe or joint management agreement that applies in the region:
                    1. customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
                      1. protected customary rights groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011):
                        1. applicant groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011).

                          1. A request for extension must be made to the consent authority before the expiry of the time period or extended time period and may be made more than once.

                          2. If the time period is extended, the total time within which a consenting authority must process and decide an application under this section must not exceed 2 years after the date the application is lodged.

                          3. The processing and deciding of an application must be paused by the consent authority at the applicant’s request.

                          4. The time during which processing and deciding of an application is paused under subsection (7) does not count towards the time period or extended time period.

                          5. This section applies despite sections 88B, 88C, and 88E to 88I.

                          Notes
                          • Section 88BA: inserted, on , by section 33 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).