Discount Regulation under RMA

Local authorities are encouraged to use pre-application and pre-lodgement meetings with the applicant to understand the nature of the application and clarify the information required. This helps ensure that when an application is lodged, the information it contains is more likely to be sufficient to enable the application to be processed smoothly.

Section 88(3) of the Act gives local authorities five working days to check an application for completeness. If the local authority thinks an application is incomplete, it should be returned to the applicant, with a written explanation of the reason(s) why. If the application is resubmitted, it must be treated as a ‘new’ application. The lodgement date will then be the date the new application is lodged.

While the section 88(2) check needs to be thorough, it should not examine the accuracy of the information (such as whether traffic counts are correct), or be an assessment under sections 95 or 104 of the Act. The check is simply for completeness in terms of the requirements of an application specified in section 88(2) of the Act.

In considering whether there is sufficient information, the local authority should note:

• the implications of the reduced opportunities for section 92 requests resulting from the 2009 RMA amendments. For notified applications, this allows for one request before notification, and one request after submissions close
• that section 95C requires a local authority to publicly notify an application for resource consent if it has not already made its notification decision, where further information has been requested or notice given that it wishes to commission a report, and the applicant does not or refuses to provide the information, or does not respond or refuses to agree to the commissioning of the report.

https://www.legislation.govt.nz/regulation/public/2010/0171/latest/DLM3040343.html?search=ts_regulation_resource+management_resel&p=1&sr=1

For Notified Applications lodged on or after 3 March 2015:

The six-month timeframe (130 working days for notified applications and 100 working days for limited notified applications) comprises:

            »  20 working days to notify

            »  20 working days for submissions

            »  either 75 working days (for notified) or 45 working days (for limited notified) from the close of submissions to complete the hearing

            »  15 working days for commissioners to prepare written decisions.