Resource Legislation Amendment Act 2017

  • not the latest version
  • Corrections have been made to section 19(2) and section 268 on 21 April 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.

Amendments to Part 6 of principal Act

134 New sections 87AAB to 87AAD inserted

After section 87AA, insert:

87AAB Meaning of boundary activity and related terms

(1)

An activity is a boundary activity if—

(a)

the activity requires a resource consent because of the application of 1 or more boundary rules, but no other district rules, to the activity; and

(b)

no infringed boundary is a public boundary.

(2)

In this section,—

boundary rule means a district rule, or part of a district rule, to the extent that it relates to—

(a)

the distance between a structure and 1 or more boundaries of an allotment; or

(b)

the dimensions of a structure in relation to its distance from 1 or more boundaries of an allotment

infringed boundary, in relation to a boundary activity,—

(a)

means a boundary to which an infringed boundary rule applies:

(b)

if there is an infringement to a boundary rule when measured from the corner point of an allotment (regardless of where the infringement is to be measured from under the district plan), means every allotment boundary that intersects with the point of that corner:

(c)

if there is an infringement to a boundary rule that relates to a boundary that forms part of a private way, means the allotment boundary that is on the opposite side of the private way (regardless of where the infringement is to be measured from under the district plan)

public boundary means a boundary between an allotment and any road, river, lake, coast, esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown.

87AAC Meaning of fast-track application

(1)

An application is a fast-track application if—

(a)

the application is for a resource consent for 1 or both of the following, but no other, activities:

(i)

a controlled activity that requires consent under a district plan (other than a subdivision of land):

(ii)

an activity prescribed, or identified in the manner prescribed, under section 360G(1)(a); and

(b)

the application includes an address for service that is an electronic address.

(2)

An application described in subsection (1) ceases to be a fast-track application if—

(a)

a consent authority gives public or limited notification of the application; or

(b)

a hearing is to be held for the application; or

(c)

at the time the application is lodged, the applicant notifies the consent authority that the applicant wishes to opt out of the fast track process.

(3)

To avoid doubt, if an application ceases to be a fast-track application under subsection (2)(a) or (b),—

(a)

the application is not incomplete by reason only that it does not include the information referred to in section 88(2)(c); but

(b)

a consent authority may, under section 92, request the applicant to provide any of the information referred to in section 88(2)(c).

(4)

To avoid doubt, when an application ceases to be a fast-track application,—

(a)

the application becomes subject to the standard processing requirements (including any time periods for doing anything) under this Act that would have applied if the application had not been a fast-track application; and

(b)

those time periods are deemed to have been running from the time they would have begun if this section had not applied and are not reset as from the time the application ceases to be fast-track.

87AAD Overview of application of this Part to boundary activities and fast-track applications

(1)

If an activity is a boundary activity,—

(a)

the activity may be a permitted activity if the requirements of section 87BA are satisfied:

(b)

there are restrictions on who may be notified of an application for a resource consent for the activity (see sections 95A(4) and (5) and 95B(7)):

(c)

the right of appeal under section 120 against the whole or any part of a decision of a consent authority is excluded unless the decision relates to a resource consent for a non-complying activity.

(2)

If an application is a fast-track application,—

(a)

a consent authority must, within the time limit specified in section 95 for fast-track applications, decide whether to give public or limited notification of the application; and

(b)

notice of a decision on the application must be given within the time limit specified in section 115(4A); and

(c)

except as provided for in paragraphs (a) and (b), this Act applies to the application in the same way as it applies to any other application for a resource consent.

(3)

This overview is by way of explanation only. If any provision of this Act conflicts with this overview, that provision prevails.