Resource Management Act 1991

Application for resource consent

88 Making an application

(1)

A person may apply to the relevant consent authority for a resource consent.

(1A)

A person may make a joint application for a resource consent and an exchange of recreation reserve land under section 15AA of the Reserves Act 1977 if the relevant consent authority—

(a)

is also the administering body in which the recreation reserve land is vested; and

(b)

agrees that the applications may be made jointly.

(2)

An application must—

(a)

be made in the prescribed form and manner; and

(b)

include the information relating to the activity, including an assessment of the activity’s effects on the environment, as required by Schedule 4.

(2A)

An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry of Fisheries.

(3)

A consent authority may, within 10 working days after an application was first lodged, determine that the application is incomplete if the application does not—

(a)

include the information prescribed by regulations; or

(b)

include the information required by Schedule 4.

(3A)

The consent authority must immediately return an incomplete application to the applicant, with written reasons for the determination.

(4)

If, after an application has been returned as incomplete, that application is lodged again with the consent authority, that application is to be treated as a new application.

(5)

Sections 357 to 358 apply to a determination that an application is incomplete.

(6)

If a joint application is made under subsection (1A), the application to exchange recreation reserve land must be—

(a)

processed, with the resource consent application, in accordance with sections 88 to 88F, 91(1) and (2), 91A to 92B, 95, 95A(2), and 96 to 103B; then

(b)

decided under section 15AA of the Reserves Act 1977.

Section 88: replaced, on 1 August 2003, by section 37 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 88(1): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 88(1A): inserted, on 19 April 2017, by section 188(5) of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 88(2): replaced, on 3 March 2015, by section 92(1) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 88(2A): inserted, on 1 October 2011, by section 21 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 88(3): replaced, on 3 March 2015, by section 92(2) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 88(3A): inserted, on 3 March 2015, by section 92(2) of the Resource Management Amendment Act 2013 (2013 No 63).

Section 88(4): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 88(5): amended, on 10 August 2005, by section 50 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 88(6): inserted, on 19 April 2017, by section 188(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).