This page explains the role of the Resource Management (Discount on Administrative Charges) Regulations 2010. It provides links to the regulations and to guidance material.
Role of the regulations
The Resource Management (Discount on Administrative Charges) Regulations 2010 require local authorities to provide a discount for resource consent applications not processed within the statutory timeframes set out in the RMA.
The discount set out by the regulations is 1% per day, up to a maximum of 50 working days. Local authorities are required to adopt either the discount set out in the regulations (the ‘default’ discount) or choose to develop their own policy that is more generous than the regulations.
The regulations only apply to resource consent applications that are processed by local authorities, or to the parts of an application processed by a local authority (eg, the council’s processing of a resource consent before it is called in by the Minister for the Environment as a nationally significant proposal).
The Resource Management (Discount on Administrative Charges) Regulations [NZ legislation website] were passed on 21 June 2010 and came into effect on 31 July 2010.
The Ministry for the Environment has prepared the following guidance on the regulations:
- Resource Management (Discount on Administrative Charges) Regulations 2010 Implementation guidance (Guidance for local authorities on implementing the regulations)
- Resource consent process for notified and limited notified applications (flow chart)
- Resource consent process for non-notified applications (flow chart).
Applying the discount regulations where consent processing has been affected by Covid 19 alert level restrictions
The Resource Management (Discount on Administrative Charges) Regulations 2010 set out that certain working days may be excluded from a discount calculation.
Regulation 3 and the interpretation of ‘excluded days’ is of particular relevance. Working days where consents are not processed due to “a reason in any other enactment” may be excluded from discount calculations.
The time period during alert levels 3 and 4 can therefore be excluded from that calculation where these restrictions meant councils were unable to process consents. However, at alert level 2 and level 1, we anticipate that there would be few situations where councils are unable to process consents due to the alert level restrictions.
If some consents cannot be processed due to the need to comply with the alert level requirements, or other requirements of the Epidemic Preparedness Notice, State of Emergency, or associated transition period, then those councils may continue to use the excluded days provisions of the regulations on a case-by-case basis. In doing so, councils must be able to demonstrate that they have been unable to process the consent for these reasons.
Further information is available in this guidance document [PDF, 859 KB].