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.