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Resource Management Act 1991

Resource consents - Further information

92AA: Consequences of applicant’s failure to respond to requests, etc

You could also call this:

"What happens if you don't respond to requests when applying for resource consent?"

Illustration for Resource Management Act 1991

If you apply for a resource consent, you must respond to requests from the consent authority. You might be asked to provide more information under section 92(1) or pay an extra charge. If you do not respond within the given time, the consent authority may return your application. If the consent authority returns your application, they will give you written reasons why. You can lodge the application again, but it will be treated as a new application. The consent authority and you can agree on a date for you to provide a response or pay a charge. You and the consent authority can agree on a date, which is called an agreed date. The consent authority will notify you of their intention to return your application using a method specified in section 352(1). You should be aware of the time frames, such as 15 working days or 3 months, to respond to requests from the consent authority.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1532925.

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92A: Responses to request, or

"What to do when asked for more information"

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92B: Responses to notification, or

"What to do when you get a notification about a resource consent application"

Part 6Resource consents
Further information

92AAConsequences of applicant’s failure to respond to requests, etc

  1. A consent authority may determine an application for a resource consent is incomplete if—

  2. the applicant was required to provide one of the following responses:
    1. to provide further information in response to a request under section 92(1)—
      1. within 15 working days under section 92A(1)(a); or
        1. within the time set by the consent authority under section 92A(2); or
        2. to tell the consent authority in a written notice whether the applicant agrees to the commissioning of a report within 15 working days under section 92B(1) (after receiving notification under section 92(2)(b)); or
          1. to pay an additional charge to the consent authority required under section 36(5) and specified in a written notice by an agreed date; or
            1. to give the consent authority written approval for a proposed activity under section 95E(3)(a) by an agreed date; and
            2. 3 months after the expiry of the applicable time frame specified in paragraph (a), the applicant has not provided the required response; and
              1. the consent authority has notified the applicant, by a method specified in section 352(1), of its intention to return the application.

                1. After determining an application as incomplete under this section, the consent authority may return the application to the applicant with written reasons for the determination.

                2. If, after an application has been returned as incomplete under this section, that application is lodged again with the consent authority, that application is to be treated as a new application.

                3. In this section, agreed date means a date agreed between the applicant and the consent authority.

                Notes
                • Section 92AA: inserted, on , by section 36 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).