Section 88 — Resource Management Act 1991: Making an application

88 Making an application (1) A person may apply to the relevant local authority for a resource consent. (2) An application must— (a) be made in the prescribed form and manner; and (b) include, in accordance with Schedule 4 , an assessment of environmental effects in such detail as corresponds with the scale and significance of the effects that the activity may have on the environment. (3) If an application does not include an adequate assessment of environmental effects or the information required by regulations, a local authority may, within 5 working days after the application was first lodged, determine that the application is incomplete and return the application, with written reasons for the determination, to the applicant. (4) If, after an application has been returned as incomplete, that application is lodged again with the relevant local authority, that application is to be treated as a new application. (5) Sections 357 to 358 apply to a determination that an application is incomplete. Subsection (4) was amended, as from 7 July 1993, by section 44(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ Subject to subsection (5), an ” for the word “ An ” and by omitting the words “ (other than for a controlled activity) ” . Subsection (5) was substituted, as from 7 July 1993, by section 44(2) Resource Management Amendment Act 1993 (1993 No 65). Section 88 was substituted, as from 1 August 2003, by section 37 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (5) was amended, as from 10 August 2005, by section 50 Resource Management Amendment Act 2005 (2005 No 87) by substituting the word “ to ” for the word “ and ” after the expression “ 357 ” . See sections 131 to 135 of that Act as to the transitional provisions.