Time Limits

The RMA includes time limits for the total elapsed time between the application being accepted and the consent authority making a decision. The key sections of the RMA are sections 95, 97, 101, 101B, 103A, and 115.

*NB: A consent authority has 10 working day after an application is lodged to determine whether the application is complete, and can be accepted for processing, or whether further information is required. ⁵¹⁵⁹ If an application is determined to be incomplete, when it is lodged again with the consent authority it is treated as a new application.

Process 1: Standard application that is not notified and for which no hearing is held

Step 1: After receiving the application the consent authority has 20 working days to make a decision on notification, and to notify the application. If it decides not to notify the application and not to hold a hearing (which is standard with non-notified applications) a decision must be given in the same time period.

Total time: 20 working days.

Process 2: Fast track application

Step 1: After receiving the application the consent authority has 10 working days to make a decision on notification, and to notify the application. If the application is notified it ceases to be a fast track application and one of the above processes applies.

Step 2: Decision required 10 working days after the application was lodged.

Total time: 10 working days.

Process 3: Standard application that is publicly notified and for which a hearing is held

Step 1: After receiving the application the consent authority has 20 working days to make a decision on notification, and to notify the application.

Step 2: The period for receiving submissions is 20 working days from the date of notification.

Step 3: A hearing must be completed with 75 working days from the closing date of submissions. A hearing does not need to be closed on the final day on which oral presentation occurs. It may remain open for written closing submissions and other information requested by the decision-maker to be provided, provided the overall timeframe is within this 75 day window.

Step 4: A decision must be released within 15 working days after the end of the hearing.

Total time: 130 working days.

Process 4: Standard application that is limited notified and for which a hearing is held

Step 1: After receiving the application the consent authority has 20 working days to make a decision on notification, and to notify the application.

Step 2: The period for receiving submissions is 20 working days from the date of notification.

Step 3: A hearing must be completed with 45 working days from the closing date of submissions. A hearing does not need to be closed on the final day on which oral presentation occurs. It may remain open for written closing submissions and other information requested by the decision-maker to be provided, provided the overall timeframe is within this 45 day window.

Step 4: A decision must be released within 15 working days after the end of the hearing.

Total time: 100 working days

Process 5: Standard application that is limited notified and no hearing is held

Step 1: After receiving the application the consent authority has 20 working days to make a decision on notification, and to notify the application.

Step 2: The period for receiving submissions is 20 working days from the date of notification.

Step 3: A decision must be released within 20 working days after the closing date for submissions.

Total time: 60 working days.

The RMA specifically provides for deferral of certain time limits in specific situations, including:

when further information is required,
in certain situations where direct referral has been requested and that request needs to be considered,
where additional consents are found to be required,
in order to gain approval from affected persons,
where mediation is undertaken
if the application requests suspension of the application, or
if the application is for an aquaculture activity and there is a pre-request for an aquaculture agreement under the Fisheries Act.

Section 88 RMA

Last updated at 10:25AM on August 23, 2021