Section 88C — Resource Management Act 1991: Description of excluded periods

88C Description of excluded periods (1) Subsection (2) applies when— (a) a consent authority has requested an applicant, under section 92(1) , to provide further information; and (b) the applicant provides further information under section 92A(1)(a) or section 92A(1)(b) and (2) . (2) The period that must be excluded from the provisions listed in section 88B is the period— (a) starting with the date of the request under section 92(1) ; and (b) ending with the date on which the applicant provides the information. (3) Subsection (4) applies when— (a) a consent authority has requested an applicant, under section 92(1) , to provide further information; and (b) 1 of the following applies: (i) the applicant does not respond within the time limit specified in section 92A(1) ; or (ii) the applicant responds under section 92A(1)(b) but does not comply with the time limit set under section 92A(2) ; or (iii) the applicant responds under section 92A(1)(c) . (4) The period that must be excluded from the provisions listed in section 88B is the period— (a) starting with the date of the request under section 92(1) ; and (b) ending with— (i) the date on which the 15 working days end, for an applicant who does not respond within the time limit specified in section 92A(1) : (ii) the date on which the time limit set under section 92A(2) ends, for an applicant who responds under section 92A(1)(b) : (iii) the date on which the applicant responds under section 92A(1)(c) , for an applicant who responds under section 92A(1)(c) . (5) Subsection (6) applies when— (a) a consent authority has notified an applicant, under section 92(2)(b) , of its wish to commission a report; and (b) the applicant agrees, under section 92B(1) , to the commissioning of the report. (6) The period that must be excluded from the provisions listed in section 88B is the period— (a) starting with the date of the notification under section 92(2)(b) ; and (b) ending with the date on which the authority receives the report. (7) Subsection (8) applies when— (a) a consent authority has notified an applicant, under section 92(2)(b) , of its wish to commission a report; and (b) the applicant does not agree, under section 92B(1) , to the commissioning of the report. (8) The period that must be excluded from the provisions listed in section 88B is the period— (a) starting with the date of the notification under section 92(2)(b) ; and (b) ending with the earlier of the following: (i) the date on which the 15 working days end; and (ii) the date on which the authority receives the applicant's refusal, under section 92B(1) , to agree to the commissioning of the report. (9) Subsection (10) applies when an applicant tries, for the purposes of section 94 , to obtain the approval of persons who may be adversely affected. (10) The period that must be excluded from the provisions listed in section 88B is the time taken by the applicant in trying to obtain the approvals, whether or not they are obtained. (11) Subsection (12) applies when a consent authority refers persons to mediation under section 99A . (12) The period that must be excluded from the provisions listed in section 88B is the period— (a) starting with the date of the reference; and (b) ending with the earlier of the following: (i) the date on which 1 of the persons referred to mediation gives the other persons referred and the mediator a written notice withdrawing the person's consent to the mediation; and (ii) the date on which the mediator reports the outcome of the mediation to the authority. Section 88C was inserted, as from 10 August 2005, by section 51 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.