Resource Management Regulations 2010

The Resource Management (Discount on Administrative Charges) Regulations 2010 came into effect on 31 July 2010. This is part of the Resource Management (Simplifying and Streamlining) Amendment Act 2009, which also introduced provisions limiting the number of times we are able to stop the processing clock for further information.

Given these changes, the Council will seek to avoid dealing with information adequacy issues after lodgement and that only complete applications will be accepted for processing. Customers are encouraged to use pre application meetings with the Council planners to avoid unpleasant surprises and have a smooth application process. This will mean that your time and resources are focussed on the necessary matters.

NPDC discounting

We have adopted the default discounting specified by the regulations, which is:

One per cent discount is due for every day the consent application is processed over the statutory timeframe. This has a maximum limit of 50 working days.

Normal statutory timeframes are in the table below. These may be doubled in special circumstances or further extended with the agreement of the applicant. See section 37 of the Act:

Type of application  Statutory processing time 
Type of application Statutory processing time
Not notified
No hearing 20 working days
With hearing 40 working days
Notified
No hearing 50 working days
With hearing and no direction under sect 41B 70 working days
With hearing and directio under sect 41B 85 working days

How is the processing time being counted?

First day – the first statutory working day for an application is the first full day after the application is received. For example, if an application is lodged at any time after 9am on a Monday, the first statutory day will be Tuesday.

Processing days/ working days - working days (WD) are business days and exclude a defined Christmas period and times when the Act allows the processing clock to be stopped such as:

  • While waiting for payment under section 36(7). This includes cases when a higher fee category is applicable.
  • When there is a request for further information and direct referrals under section 88C, D or E.
  • When a hearing is underway.
  • If excused from processing by any rule of law or statute.
  • If an application is re-notified, days between first and second notification.

If you wish to know the processing time of your application, please contact us.

Which applications are subject to discount?

Discounting applies to the following application types lodged on or after 31 July 2010:

  • A land use resource consent application.
  • A subdivision resource consent application.
  • An application to change or cancel conditions under section 127.

Discounting does not apply to all other applications made under the RMA. This exclusion includes:

  • A certificate of compliance.
  • A section 223/section 224 application for subdivision.
  • When a resource consent application is withdrawn.

Significant changes to scope of resource consent application will usually require a re-lodgement or a re-consideration of notification decision. In which case, the clock will restart.

How does discounting work?

If we took 25 working days (WD) to process a non-notified land use resource consent application. This application did not require a hearing. The total charges are $600.00.

Step 1. Count the working days subjection to discount

Processing time  Statutory time  Days due for discount 
 25WD -20WD  =5WD 

Step 2. Calculate the discount due

Amount due % discount days due for discount Discount due
$600 x 0.01 x 5  =$30 

What do I have to do to get the discount due?

We are required to provide the discount automatically so it is not necessary to apply for the discount. However if it is believed a discount is due you may:

  • Request a review of discount due. This needs to be done within 15 working days from the invoice date.
  • Request a breakdown of processing time.