Section 92A — Resource Management Act 1991: Responses to request

92A Responses to request (1) An applicant who receives a request under section 92(1) must, within 15 working days of the date of the request, take 1 of the following options: (a) provide the information; or (b) tell the consent authority in a written notice that the applicant agrees to provide the information; or (c) tell the consent authority in a written notice that the applicant refuses to provide the information. (2) A consent authority that receives a written notice under subsection (1)(b) must— (a) set a reasonable time within which the applicant must provide the information; and (b) tell the applicant in a written notice the date by which the applicant must provide the information. (3) The consent authority may decline the application if— (a) 1 of the following applies: (i) the applicant does not respond within the time limit specified in subsection (1) ; or (ii) the applicant responds under subsection (1)(b) but does not comply with the time limit set under subsection (2) ; or (iii) the applicant responds under subsection (1)(c) ; and (b) the authority considers that it has insufficient information to enable it to determine the application. (4) If the applicant appeals to the Environment Court against the decision to decline the application, the Court must decide whether the authority had sufficient information to enable it to determine the application. (5) If the Court decides that the authority did not have sufficient information to enable it to determine the application, it must decline the appeal. (6) If the Court decides that the authority had sufficient information to enable it to determine the application, it must hear and decide the appeal. Sections 92A and 92B were inserted, as from 10 August 2005, by section 53 Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.