Resource Consent Timeframes and Fee Discounts: What You Need to Know

Applying for a resource consent can be a complex process, and many applicants are unsure how long a decision should take.

Under the Resource Management Act 1991 (RMA), councils are required to process resource consent applications within statutory timeframes. However, there are circumstances where the clock can be paused or extended.

Once a resource consent application is lodged, the council will undertake an initial review to determine whether sufficient information has been provided. If further information is required, the council may issue a Request for Further Information (RFI). When an RFI is issued, the statutory processing clock stops until the requested information is supplied.

In some situations, councils may also extend the statutory timeframe. Extensions of time can occur for a variety of reasons, including the complexity of the application or the need for specialist assessments. Councils are required to notify applicants when an extension is granted and explain the reasons for it.

The statutory processing timeframe varies depending on the type of application. For many non-notified resource consents, the decision must generally be issued within 20 working days, subject to any pauses for RFIs or approved extensions. Notified applications have longer statutory timeframes due to the additional public participation and hearing processes involved.

Because pauses and extensions affect the calculation of processing time, it can be difficult for applicants to determine whether a council has exceeded the statutory timeframe. However, if a decision is issued late, applicants may be entitled to a discount on the fees charged by the council.

The RMA requires councils to provide fee discounts where certain statutory processing timeframes are exceeded. The amount of the discount depends on the extent of the delay and the fees paid.

If you believe your resource consent decision was issued outside the statutory timeframe, we can help assess the processing history, calculate the relevant timeframes, and determine whether you may be entitled to a fee discount.

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Disclaimer

This article contains general information and opinion based on our expertise. It is provided free of charge and does not constitute legal or other professional advice. The information within it was up to date at the time of publishing.

Have you got further questions about this topic or our other services?

We are always happy to help – drop us an email rmplanning@inovo.nz, or phone us on 020 4000 0294.