Resource Management (Discount on Administrative Charges) Amendment Regulations 2014

2014/387

Coat of Arms of New Zealand

Resource Management (Discount on Administrative Charges) Amendment Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 8th day of December 2014

Present:
His Excellency the Governor-General in Council

Pursuant to section 360(1)(hj) of the Resource Management Act 1991, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Resource Management (Discount on Administrative Charges) Amendment Regulations 2014.

2 Commencement
  • These regulations come into force on 3 March 2015.

3 Principal regulations
4 Regulation 3 amended (Interpretation)
  • (1) In regulation 3(2), definition of excluded days, replace paragraph (c) with:

    • (c) the working days in a time period that section 88B requires to be excluded from a time limit applicable to the application:.

    (2) In regulation 3(2), definition of excluded days, paragraph (e), after if, insert the application is not notified and.

5 Regulation 6 amended (Applications on which direct referral request made)
  • (1) Replace the heading to regulation 6 with Applications directly referred to Environment Court.

    (2) Replace regulation 6(1)(b) with:

    • (aa) the local authority grants the request; and

    • (b) the applicant refers the application to the Environment Court under section 87G(2); and.

    (3) In regulation 6(2), replace number of working days described in subclause (3) with number of working days in the time limit described in subclause (3).

    (4) In regulation 6(2), replace calculated under with actually taken to process the application as determined by.

    (5) Replace regulation 6(3) to (5) with:

    • (3) The time limit is the maximum number of working days (excluding the excluded days) the local authority could have taken to comply with section 87F(3) if it had complied with the applicable time limits in the Act.

    • (4) The number of working days actually taken to process the application is the number of working days (excluding the excluded days) in the period starting on the day after the day on which the application is lodged and ending on the day on which the local authority has prepared a report that complies with section 87F(4).

6 Regulation 9 amended (Other applications)
  • (1) In regulation 9(2), replace selected under with in the time limit described in.

    (2) In regulation 9(2), replace calculated under with actually taken to process the application as determined by.

    (3) Replace regulation 9(3) and (4) with:

    • (3) The time limit is the number of working days specified by the Schedule that is applicable to the application.

    • (4) The number of working days actually taken to process the application is the number of working days (excluding the excluded days) in the period starting on the day after the day on which the application is lodged and ending on the day on which the local authority complies with section 114(1).

7 Regulation 10 amended (Effect of section 102)
  • In regulation 10(3), replace to which section 36AA(5) applies that one of the authorities has adopted with that one of the authorities has adopted under section 36AA(3) and that is more generous in the circumstances of the particular case than these regulations.

8 Schedule replaced
  • Replace the Schedule with the Schedule set out in the Schedule of these regulations.


Schedule
Schedule replaced

r 8

Schedule
Time limits for processing applications

r 9(3)

Was the application notified? Was a hearing held? Number of working days
Yes—public notification Yes 130
  No 60
Yes—limited notification Yes 100
  No 60
No Yes 50
  No 20

Michael Webster,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 3 March 2015, amend the Resource Management (Discount on Administrative Charges) Regulations 2010 (the principal regulations). The changes—


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 December 2014.

These regulations are administered by the Ministry for the Environment.