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Resource Management Act 1991

Resource consents - Application for resource consent

91D: Applicant may have processing of non-notified application suspended

You could also call this:

“You can ask to pause the processing of your application if it doesn't need public input.”

You can ask the consent authority to pause the processing of your non-notified application. This is called suspension. The consent authority must suspend the processing when you request it properly.

You can make this request anytime after you’ve submitted your application. You can do this until the hearing is finished (if there’s a hearing), or until you get a decision (if there’s no hearing), or until your application becomes notified.

However, you can’t make this request if you’ve already taken your case to the Environment Court, or if the Minister has given special directions about your application, or if you’ve already had 20 working days excluded from time limits because of previous suspension requests.

To request a suspension, you need to send a written notice or an electronic message to the consent authority. If they agree to suspend the processing, they’ll send you a notice telling you when the suspension started.

Remember, this only applies to non-notified applications. If your application becomes notified, you can’t request a suspension anymore.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS415181.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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91C: Notified application may be returned if suspended after certain period, or

“If a resource consent application is on hold for too long, the council might send it back to you.”

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91E: When suspension of processing of non-notified application ceases, or

“The law explains when a council must start working on your application again after they stopped for a while.”

Part 6 Resource consents
Application for resource consent

91DApplicant may have processing of non-notified application suspended

  1. A consent authority must suspend the processing of a non-notified application when a request is received in accordance with this section.

  2. The applicant may request the consent authority to suspend the processing of a non-notified application at any time in the period—

  3. starting on the date on which the application is first lodged with the authority; and
    1. ending when—
      1. the hearing is completed, if a hearing is held for the application; or
        1. the consent authority gives notice to the applicant of its decision on the application, if a hearing is not held for the application; or
          1. the application is notified.

          2. However, a request must not be made if—

          3. the applicant has lodged a notice of motion with the Environment Court under section 87G(2)(a); or
            1. the Minister has made a direction under section 142(2) in relation to the application; or
              1. a total of 20 working days have been excluded from time limits under section 88B as a result of any previous request under this section in relation to the application.

                1. The request must be made by written or electronic notice.

                2. If processing is suspended under this section, the consent authority must give written or electronic notice to the applicant specifying the date on which the suspension started.

                Notes
                • Section 91D: inserted, on , by section 32 of the Resource Management Amendment Act 2020 (2020 No 30).