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Planning Bill

Planning consents - Applying for planning consent - Time frames and excluded time periods

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

You could also call this:

"Consents must be decided within one year of applying"

Illustration for Planning Bill

If you apply for a planning consent for certain activities, the consent authority must process and decide your application within one year. You can ask for an extension of this time period. The consent authority may grant an extension if you request it or if certain groups ask for an extension under subsection (4). If the consent authority grants an extension, they must consider all requests for extensions before the time period ends. When deciding on an extension, the consent authority must think about requests from groups like iwi authorities or post-settlement governance entities. These groups can ask for an extension to recognise or provide for a Treaty settlement. You can ask the consent authority to pause the processing of your application. If they do pause it, the time they spend paused does not count towards the one-year time period. The consent authority must make a decision on your application within two years of you lodging it. This rule applies even if there are other time frames or rules in the regulations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1535198.

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Part 4Planning consents
Applying for planning consent: Time frames and excluded time periods

118Certain 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 planning consent for a specified energy activity or wood processing activity (the time period) is 1 year after the date that 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 ā 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 that 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 any time frames or excluded time periods that are prescribed in the regulations.