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Planning Bill

Enforcement and other matters - Miscellaneous - Waiver and extension of time limits

285: Requirements for waivers and extensions

You could also call this:

"Rules for changing or ignoring planning time limits and rules"

Illustration for Planning Bill

If a consent authority or local authority wants to extend a time limit or waive some rules, they must think about how it affects you and your community. They have to consider if it helps them make a good decision about a planning application under subpart 4 of Part 4. They also have to act in a timely and cost-effective manner as required by section 13. If a time limit is extended under section 284, it cannot be more than twice the normal time limit. This rule applies to planning consent applications, changes to planning consents, and reviews of planning consents. A consent authority can only extend a time limit if there are special circumstances or if the person applying agrees to the extension. Special circumstances do not include not having enough staff or not being able to get expert advice. If a time limit is extended or some rules are waived, the consent authority or local authority must tell everyone who is directly affected by the change. They have to make sure you know what is happening if it affects 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=LMS1530409.

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Topics:
Environment and resources > Town planningGovernment and voting > Local councils
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284: Power of waiver and extension of time limits, or

"Asking to extend deadlines or ignore small mistakes in planning rules"

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286: Matters for which time period must not be extended or waived, or

"Things You Can't Give More Time For"

Part 6Enforcement and other matters
Miscellaneous: Waiver and extension of time limits

285Requirements for waivers and extensions

  1. A consent authority or local authority must not extend a time limit or waive compliance with a time limit, a method of service, or the service of a document under section 287 unless it has taken into account—

  2. the interests of any person who, in its opinion, may be directly affected by the extension or waiver; and
    1. the interests of the community in achieving adequate assessment of the effects of a proposal, policy statement, or plan; and
      1. its duty under section 13 to act in a timely and cost-effective manner; and
        1. if the extension or waiver relates to an application for planning consent, whether the extension or waiver will assist the consent authority in its consideration of the application under subpart 4 of Part 4.

          1. A time period that is extended under section 284 must not exceed twice the maximum time period specified in this Act.

          2. Subsection (4) applies to an extension of a time limit imposed on a consent authority in respect of—

          3. an application for planning consent; or
            1. an application to change or cancel a condition of a planning consent; or
              1. a review of a planning consent.

                1. In addition to the requirements specified in subsections (1) and (2), a consent authority may extend a time period under section 284 only if—

                2. special circumstances apply (including special circumstances existing by reason of the scale or complexity of the matter); or
                  1. the applicant agrees to the extension.

                    1. A consent authority or a local authority must ensure that every person who, in its opinion, is directly affected by the extension of a time limit or the waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver.

                    2. For the purposes of subsection (4)(a), special circumstances do not include—

                    3. lack of staffing capacity; or
                      1. lack of availability of, or access to, experts.