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Natural Environment Bill

Natural resource permits - Market-based allocation processes and comparative permitting processes - Market-based allocation process

206: When right to apply lapses

You could also call this:

"Your right to apply for something ends after 2 years if you don't get a permit."

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You have a right to apply for something, but this right will lapse after 2 years. This 2-year period is called the 2-year date. Your right to apply will lapse on the 2-year date unless you get a natural resource permit within those 2 years. You can also keep your right to apply if you lodge an application for a permit before the 2-year date. If the regional council has not made a decision by the 2-year date, your right to apply will not lapse yet. Your right to apply will lapse when the council makes a decision, or when any appeals are finished.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1550280.

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205: Right to apply may be transferred, or

"You can give your permit application right to someone else"


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207: Restrictions on use of market based allocation method, or

"Rules for using a market-based allocation method"

Part 4Natural resource permits
Market-based allocation processes and comparative permitting processes: Market-based allocation process

206When right to apply lapses

  1. A right to apply lapses on the close of 2 years after it was issued (the 2-year date) unless—

  2. the holder of the right has, within the 2-year period obtained a relevant natural resource permit (and as a consequence the right to apply lapses when the permit is issued); or
    1. the situation described in subsection (2) has occurred and as a consequence the right to apply lapses when the time for lodging an appeal expires or the decision of the court on appeal has been given (as the case may be).
      1. The situation referred to in subsection (1)(b) is as follows:

      2. the holder of the right has lodged an application for a relevant permit with the permit authority before the 2-year date; and
        1. on the 2-year date—
          1. the regional council has not made a decision; or
            1. the regional council has made a decision but the time for lodging appeals to the Planning Tribunal or the Environment Court has not expired; or
              1. an appeal has been lodged but the court has not made a decision on that appeal.