Section 390C — Resource Management Act 1991: Dealing with applications for permissions

390C Dealing with applications for permissions (1) Where an application to which section 389(1) applies has, before the commencement of this Act, been publicly notified or advertised in accordance with the enactment under which the application was made— (a) The application shall not be notified in accordance with section 93 or notice of the application served in accordance with section 94 ; and (b) Any objection or submission in respect of the application that has been or is made in accordance with that public notification or advertisement, and which has not been withdrawn, shall be deemed to be a submission made under section 96 — but otherwise the provisions of this Act shall apply in respect of the application. (2) Where the enactment under which the application to which section 389(1) applies did not require the application to be publicly notified or advertised, the application shall not be notified in accordance with section 93 ; but otherwise the provisions of this Act shall apply in respect of the application. (3) The granting or declining of an application to which section 389(1) applies— (a) Constitutes the granting or declining of a resource consent of the appropriate kind under this Act, notwithstanding that all the requirements of this Act in relation to the application for, and determination of, resource consents may not have been complied with; and (b) May be appealed against in accordance with this Act. Section 390C was inserted, as from 7 July 1993, by section 181 Resource Management Amendment Act 1993 (1993 No 65). Subsection (1)(a) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ or notice of the application served in accordance with section 94 ” after the expression “ section 93 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions.