Resource Management Act 1991

88E Excluded time periods relating to other matters

• (1) Subsection (2) applies when a consent authority determines, under section 91(1), not to proceed with the notification or hearing of an application for a resource consent.

  (2) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • (a) starting with the date of the notification of the determination to the applicant under section 91(2); and

  • (b) ending with—

    • (i) the date of the receipt of applications for the resource consents that the authority considers, under section 91(1)(b), should be applied for; or

    • (ii) the date of an Environment Court order revoking the authority's determination.

  (3) Subsection (4) applies when an applicant tries, for the purposes of sections 95E(3) and 95F, to obtain the approval of persons who may be adversely affected.

  (4) The period that must be excluded from every applicable provision listed in section 88B(2) is the time taken by the applicant in trying to obtain the approvals, whether or not they are obtained.

  (5) Subsection (6) applies when a consent authority refers persons to mediation under section 99A.

  (6) The period that must be excluded from every applicable provision listed in section 88B(2) is the period—

  • (a) starting with the date of the reference; and

  • (b) ending with the earlier of the following:

    • (i) the date on which one of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and

    • (ii) the date on which the mediator reports the outcome of the mediation to the authority.

  Section 88E: inserted, on 1 October 2009, by section 71 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).