Resource Management Act 1991

Functions, powers, and duties of central and local government - Information for post-settlement governance entities

42AA: Provision of relevant information to post-settlement governance entity

You could also call this:

"Telling a governance entity about resource consent applications"

Illustration for Resource Management Act 1991

You need to know about a rule that says a consent authority must give a post-settlement governance entity some information. This happens when someone applies for a resource consent to do something in or near an area that the post-settlement governance entity is in charge of. The consent authority must give the post-settlement governance entity a summary of the application or a copy of a notice. When you apply for a resource consent, the consent authority gets your application and must give the post-settlement governance entity a summary of it as soon as possible. They must do this before they decide whether to tell others about your application, as stated in section 95B and section 95. The summary is like the one they would give to someone who might be affected by your application. The post-settlement governance entity can choose not to get the summary or notice if they want to. They can do this by sending a written notice to the consent authority saying they do not want it. This rule does not change the consent authority's job of deciding whether to notify others about an application, as stated in section 95 and section 95E. In this rule, legislation means a law or enactment, as defined in section 5 of the Legislation Act 2019. This includes any law that is made by Parliament. You can find more information about this rule and how it applies to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS934391.

This page was last updated on 2 December 2025 — View changes

Topics:

Environment and resources > Town planningGovernment and voting > Local councils

42A: Reports to local authority, or

"Getting a report from the local council to help them make a decision about your application"

42B: Establishment of Environmental Protection Authority, or

"A group was created to help protect the environment, but it doesn't exist anymore."

Part 4Functions, powers, and duties of central and local government
Information for post-settlement governance entities

42AAProvision of relevant information to post-settlement governance entity

This section applies if—
a consent authority is or was required by legislation to provide to a post-settlement governance entity relevant information relating to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area of a post-settlement governance entity; and
the requirement to provide the relevant information no longer applies (for example, through the expiry of any period specified in the legislation).

The consent authority must provide the post-settlement governance entity with relevant information relating to an application for a resource consent.
In this section, relevant information means the following information relating to an application for a resource consent for an activity within, adjacent to, or directly affecting a statutory area of the post-settlement governance entity:
if the application is received by the consent authority, a summary of the application; or
if a notice of the application is served on the consent authority under section 145(10), a copy of the notice.

The summary must be the same as would be given to an affected person by limited notification under section 95B or as may be agreed between the post-settlement governance entity and the consent authority.
A consent authority must provide the post-settlement governance entity—
with the summary—
1. as soon as is reasonably practicable after the consent authority receives the application for the resource consent; but
2. before the relevant consent authority decides under section 95 whether to notify the application; and
with the copy of the notice not later than 10 working days after the day on which the consent authority receives the notice.

The post-settlement governance entity may, by written notice to a consent authority,—
waive the right to be provided with the summary or copy of the notice; and
state the scope of that waiver and the period it applies for.

This section does not affect the obligation of a consent authority to decide,—
under section 95, whether to notify an application:
under section 95E, whether the post-settlement governance entity is an affected person in relation to an activity.

In this section, legislation has the meaning given in section 5 of the Legislation Act 2019 and includes any enactment.

Notes

Section 42AA: inserted, on 23 December 2023, by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).