Section 357 — Resource Management Act 1991: Right of objection to local authorities against certain decisions

357 Right of objection to local authorities against certain decisions (1) There is a right of objection to the relevant local authority for a person who has made an application or given notice, as the case may be,— (a) to a territorial authority under section 10(2) (which relates to existing uses of land): (b) to a local authority under section 88(1) , in respect of a determination made under section 88(3) (which relates to whether a resource consent application is complete): (c) to a territorial authority under section 182(1) (which relates to the refusal of a territorial authority to remove the whole or a part of a designation): (d) to a territorial authority under section 184(1) (which relates to the lapsing of a designation). (2) A submitter whose submission is struck out under section 41C(7) has a right of objection to the relevant local authority. (3) A person has a right of objection to a regional council in respect of a public notice given by the council under section 369(11) (which relates to the authorisation or prohibition of certain fuel or fuel-burning equipment in a clean air zone). Subsection (1) was amended, as from 7 July 1993, by section 161(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting paras (da) and (db). Subsections (1A) and (1B) were inserted, as from 1 August 2003, by section 87(1) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2) was amended, as from 7 July 1993, by section 161(2) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ or, if the application or review was notified, no submissions were received or any submissions received have been withdrawn, ” . Subsection (2) was substituted, as from 1 August 2003, by section 87(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2A) was inserted, as from 1 August 2003, by section 87(2) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (3) was amended, as from 7 July 1993, by section 161(3) Resource Management Amendment Act 1993 (1993 No 65) by adding the words “ , unless the application is refused by an officer of the consent authority exercising delegated authority under section 34 ” . Subsection (3) was amended, as from 1 August 2003, by section 87(3)(a) Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ sections 104B and 104C ” for the expression “ section 105 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (3) was amended, as from 1 August 2003, by section 87(3)(b) Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “ 34A ” for the expression “ 34 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4A) was inserted, as from 17 December 1997, by section 59 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (4B) was inserted, as from 1 August 2003, by section 87(4) Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (6) was amended, as from 7 July 1993, by section 161(4) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ The consent authority shall give at least 5 working days' notice of the commencement date and time, and the place, of a hearing of an objection to the objector ” for the words “ Any meeting to hear an objection may be adjourned from time to time ” . Subsection (7)(c) was amended, as from 7 July 1993, by section 161(5) Resource Management Amendment Act 1993 (1993 No 65) by substituting the word “ appropriate ” for the words “ likely to be affected ” . Section 357 was substituted, as from 10 August 2005, by section 124 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.