Section 357A — Resource Management Act 1991: Right of objection to consent authority against certain decisions or requirements
Text of the provision Official document
357A Right of objection to consent authority against certain decisions or requirements (1) There is a right of objection to a consent authority,— (a) in respect of a decision of that authority, for any person who has made an application under— (i) section 124(2) (which relates to the exercise of a resource consent while applying for a new resource consent): (ii) section 125(1)(b) (which relates to the lapsing of consents): (iii) section 126(2)(b) (which relates to the cancellation of consents): (iv) section 139 (which relates to certificates of compliance): (v) section 139A (which relates to existing use certificates): (b) in respect of a request to provide further information, for a person who has been so requested by a consent authority under section 92(1) : (c) in respect of a request to consent to the commissioning of a report, for a person who has been so requested under section 92(2)(b) : (d) in respect of an application or a submission that a consent authority declines to process or to consider, as provided for by section 99(8) , for the person who made the application or submission: (e) in respect of a consent authority's decision on an application or review of a kind referred to in subsection (2) , for an applicant or consent holder if— (i) the application or review was not notified or notice of the application or review was not served (in accordance with section 93 , section 94 , section 127(3) , or section 130 ); or (ii) the application or review was notified or served and— (A) no submissions were received; or (B) any submissions received were withdrawn. (2) Unless subsection (3) applies, subsection (1)(e) applies to— (a) an application made under section 88 for a resource consent; or (b) an application made under section 127 for a change or cancellation of a condition of a resource consent; or (c) a review of the conditions of a resource consent under sections 128 to 132 ; or (d) an application made under section 221 to vary or cancel a condition specified in a consent notice. (3) Subsection (2) does not apply in the case of an application for a resource consent under section 88 if, under sections 104B and 104C , the consent authority refuses to grant the resource consent, unless the application is refused by an officer of the consent authority exercising delegated authority under section 34A . Sections 357A to 357D were inserted, 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.
Official source: legislation.govt.nz
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