Time Limits

The Resource Management Act puts in place a number of time limits for statutory procedures. ¹²⁶¹  In addition, there is a general duty for persons who exercise or carry out functions, power, or duties under the Act to do so as promptly as is reasonable in the circumstances. ¹²⁶²

Local authorities are required to provide a discount on administrative charges where an application for a resource consent (or an application to change or cancel conditions) is not processed within the time frame contained in the Act and the responsibility for the failure rests with the local authority. The discount amounts are set out in a local authority policy and/or in regulations. Where both are in force the most generous applies. ¹²⁶³  The Resource Management (Discount on Administrative Charges) Regulations 2010 are currently in force.

Local authorities are authorised to extend a time period, waive procedural defects relating to the time or method of service, and waive compliance for or direct rectification of any information required under the Act which is incorrect or has been omitted. ¹²⁶⁴

A time period may only be extended for up to twice the maximum period specified in the Act. A greater exceedance is only permitted if the applicant or requiring authority requests or agrees to it. ¹²⁶⁵

In respect of applications for a resource consent, to change or cancel a condition of a resource consent, or a review of a resource consent, there are additional limitations. A time period may only be extended for up to twice the maximum period specified in the Act if special circumstances apply or the applicant agrees to the extension. A greater exceedance is only permitted if the applicant agrees to it. ¹²⁶⁶

When considering an extension of a time limit or a waiver of compliance with a time limit, a method of service, or the service of a document the local authority must take into account: ¹²⁶⁷

• The interests of any person who may be directly affected by the extension or waiver
• The interests of the community in achieving adequate assessment of the effects of a proposal, policy statement or plan
• Its duty to avoid unreasonable delay

The local authority must ensure every person who is directly affected by an extension a time limit or a waiver of compliance with a time limit, a method of service, or the service of a document is notified of the extension or waiver. ¹²⁶⁸

There is no requirement for an application for waiver to be made and therefore it is not necessary for there to be an express decision granting a waiver, although it is desirable. ¹²⁶⁹

Last updated at 4:35PM on December 9, 2014