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Resource Management Act 1991  069
Commenced: 1 Oct 1991
IV: Functions, Powers, and Duties of Central and Local Government
Waivers and Extension of Time Limits
37   Power of waiver and to extend time limits




                   Waivers and Extension of Time Limits

   37. Power of waiver and to extend time limits---(1) A local authority
 or consent authority may, in any particular case, extend a time period
 specified in this Act or in regulations, within which it or any other
 person must do something in connection with any of the authority's
 functions under this Act.

   (2) A local authority or consent authority may waive any failure to
 comply with any requirement under this Act, regulations, or a plan in
 relation to the time or method of service of documents or the documents
 to be served in connection with any of the authority's functions under
 this Act.

   (3) Where any person is required to provide information under this
 Act, regulations or any plan and the information supplied contains an
 inaccuracy, or there is an omission or any step in any procedure is
 omitted, a local authority or consent authority may---
   (a) Waive compliance with the requirement in respect of which the
         omission or inaccuracy occurred; or
   (b) Direct that any omission or inaccuracy be rectified on such terms
         as the authority thinks appropriate.

   (4) A local authority or consent authority shall not do anything under
 subsections (1) to (3) unless it has taken into account---
   (a) The interests of any person who, in its opinion, may be directly
         affected by the extension; and
   (b) The interests of the community in achieving adequate assessment of
         the effects of any proposal, policy statement, or plan; and
   (c) Its duty under section 21 to avoid unreasonable delay.

   (5) The extension of a time period under subsection (1) shall not have
 the effect of more than doubling the maximum time period specified in
 this Act.

   (6) If a local authority or consent authority extends a time period
 under subsection (1), it shall without delay notify every person who, in
 its opinion, is directly affected by the extension of the time period,
 of the reasons for the decision, and of the new time limit within which
 any action must be completed.

   (7) Where the Minister has given a direction under section 140 to call
 in a project or activity for decision, both the Minister and the board
 of inquiry appointed under section 146 to hear the matter are deemed to
 be consent authorities for the purposes of this section.

   (8) A special tribunal appointed under section 202 to hear an
 application for a water conservation order is deemed to be a consent
 authority for the purposes of this section.
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