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Natural Environment Bill

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

319: Requirements for waivers and extensions

You could also call this:

"Rules for extending or waiving time limits for natural resource permits"

Illustration for Natural Environment Bill

If a time limit needs to be extended or waived, the permit authority or local authority must think about how it will affect you and others. They must also consider their duty to act quickly and in a cost-effective way. When deciding, they look at things like whether you will be affected by the extension or waiver. If you apply for a natural resource permit, the authority will think about whether extending the time limit will help them make a decision. A time period can be extended, but it cannot be more than twice the normal time limit. The authority must tell you if a time limit is extended or waived, so you know what is happening. There are rules about when a time limit can be extended, like if there are special circumstances or if you agree to the extension. Special circumstances do not include things like not having enough staff or not being able to get expert advice. The authority must make sure you are notified if a time limit is extended or waived, so you are always informed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1539823.

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318: Power of waiver and extension of time limits, or

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

"Some permit deadlines cannot be extended or changed."

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

319Requirements for waivers and extensions

  1. A permit 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 324 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. 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 a natural resource permit, whether the extension or waiver will assist the permit authority in its consideration of the application under subpart 4 of Part 4.

        1. A time period that is extended under section 318 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 permit authority in respect of—

        3. an application for natural resource permit; or
          1. an application to change or cancel a condition of a natural resource permit; or
            1. a review of a natural resource permit.

              1. In addition to the requirements specified in subsections (1) and (2), a permit authority may extend a time period under section 318 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 permit 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.