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StatuteResource Management Act 1991

Section 92B — Resource Management Act 1991: Responses to notification

Text of the provision Official document

92B Responses to notification (1) An applicant who receives a notification under section 92(2)(b) must, within 15 working days of the date of the notification, tell the consent authority in a written notice whether the applicant agrees to the commissioning of the report. (2) The consent authority may decline the application if— (a) l of the following applies: (i) the applicant does not respond within the time limit specified in subsection (1) ; or (ii) the consent authority receives a written notice refusing the applicant's agreement to the commissioning of the report; and (b) the authority considers that it has insufficient information to enable it to determine the application. (3) 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. (4) If the Court decides that the authority did not have sufficient information to enable it to determine the application, it must decline the appeal. (5) 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.

Official source: legislation.govt.nz

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