Appendix G: Clock stopping for direct referral applications

Circumstances when the processing clock can stop for applications affected by direct referral
Sections Circumstances Clock stops Clock starts
92/88C(1)(b)(i) and 88C(1)(b)(ii) Further information is requested and it is the first request, or the first request since the close of submissions Date of the request The day after:
  • the applicant refuses, or
  • there has been no response from the applicant and 15 working days expire, or
  • the information is provided
92(2)(b)/88C(6) A report is commissioned where there is the possibility of significant adverse effects Date of the request The day after:
  • the applicant refuses, or
  • there has been no response from the applicant and 15 working days expire, or
  • the information is provided
87D/88D(2)(b)(i) or 88D(2)(b)(ii) A request is received for an application to be referred directly to the Environment Court The date of the request, or the date of notification, whichever is later The day after:

  • 15 working days have elapsed since the request or notification, or
  • the date the local authority makes a decision
whichever is earlier
87E(9)/88D(4) An objection is received against a local authority’s decision on a direct referral request The date the objection is received The day after the objection is decided
87G(2)(a) and 87I(b)/88D(6) An applicant decides whether he/she/it wants to proceed with a direct referral The date the local authority report is sent to the applicant The day after:

  • 10 working days have elapsed since the report was received by the applicant, or
  • the applicant informs the local authority he/she/it does not wish to lodge the notice of motion or proceed with the direct referral
whichever is earlier
91(2)/88E(2) The local authority requests that additional resource consents be lodged The date the local authority advises the applicant of the decision to defer The day after the required applications are lodged with the appropriate local authority
88E(4) The applicant tries to obtain written approval The date the applicant advises that he/she/it wishes to seek written approval The day after:
  • the written approvals are received, or
  • the applicant informs the local authority that he/she/it wishes to continue the applications without the written approvals
99A/88E(5) An application is referred to mediation The date that the application is referred The day after the mediator reports
Timeframes that may be affected by clock stopping when there is a request for referral to the Environment Court
Section Reason
41B(6) and (7) Time limit for beginning the hearing if there is pre-circulation of evidence
87F Time limit for preparing local authority report when a request is made to directly refer to the Environment Court
101(2) Time limit for beginning the hearing if there is no pre-circulation of evidence
115 Time limit for notifying a decision

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