Section 88A — Resource Management Act 1991: Description of type of activity to remain the same

88A Description of type of activity to remain the same (1) Subsection (1A) applies if— (a) an application for a resource consent has been made under section 88 ; and (b) the type of activity (being controlled, restricted, discretionary, or non-complying) for which the application was made under section 88 , or for which the activity is treated under section 77C , is altered after the application was first lodged as a result of— (i) a proposed plan being notified; or (ii) a decision being made under clause 10(3) of the First Schedule; or (iii) otherwise. (1A) The application continues to be processed, considered, and decided as an application for the type of activity that it was for, or was treated as being for, at the time the application was first lodged. (2) Notwithstanding subsection (1) , any plan or proposed plan which exists when the application is considered must be had regard to in accordance with section 104(1)(b) . (3) This section applies subject to section 150D . Section 88A was inserted, as from 17 December 1997, by section 18 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (1) was substituted, as from 1 August 2003, by section 38(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 (1A) was inserted, as from 1 August 2003, by section 38(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 1 August 2003, by section 38(2) Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “ 104(1)(b) ” for the expression “ 104 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (3) was inserted, as from 26 March 2002, by section 8 Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).