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Understanding the Lapse Period for Resource Consents in New Zealand.

Obtaining a resource consent is a vital step for anyone looking to undertake development or environmental activities in New Zealand. However, it's equally important to understand the lapse period associated with these consents for effective project planning. This blog post aims to clarify the lapse period for resource consents in New Zealand.


What is a Lapse Period?


The lapse period refers to the time frame in which a resource consent must be acted upon (i.e. given effect to). In New Zealand, if the consent is not implemented within this period, it will automatically expire. The standard lapse period for most resource consents is typically five years. For example, if a consent was granted on January 1, 2020, it must be exercised by January 1, 2025.


Importance of the Lapse Period


Understanding the lapse period is crucial for several reasons. Primarily, it serves to protect both the environment and the community. For example, by requiring that consents be acted upon within five years, the system prevents outdated approvals from affecting future projects.


Moreover, the lapse period prompts developers to remain engaged with their projects. This ensures they stay informed about any changes in regulations, community concerns, or ecological considerations that may arise, allowing for more adaptive and efficient project management.


Conditions Affecting the Lapse Period


While the standard lapse period is five years, some consents have different timeframes specified in the documentation. For instance, industrial projects may be required to have a lapse period of three years, while large-scale residential developments may have a lapse period beyond 5 years.


Applying for an Extension of the Lapse Period


When unforeseen circumstances hinder the timely execution of a resource consent, applicants might consider applying for an extension of the lapse period pursuant to Section 125 of the Resource Management Act 1991.


Circumstances like resource shortages, natural disasters, or legal struggles can delay project execution.


Eligibility Criteria


Under Section 125 of the Resource Management Act 1991, an extension of the lapse period can be applied six months prior to the lapse date. The consent authority can then decide to grant the extension after taking into account the following:


  • Whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent.

  • Whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension.

  • The effect of the extension on the policies and objectives of any plan or proposed plan.


How to Apply


Applying for an extension of the lapse period generally involves the following steps:


  1. Prepare a Written Request: Draft a clear request that details the reasons for the extension, supported by documentation.


  2. Submit to the Council: Send the request to the appropriate council or authority that issued the resource consent.


  3. Await Council Decision: The council will evaluate the request based on regulations and inform you of their decision.


Note that there is no guarantee an extension will be granted. Communication with the council is essential to improve possibilities.


Potential Outcomes


The response to an extension request varies. Councils may take the following actions:


  1. Grant the Extension: If the council finds valid reasons, they may extend the lapse period for up to an additional five years, allowing time to get back on track.


  2. Deny the Request: If the request does not meet eligibility criteria, the council may decide against granting an extension.


  3. Partial Extensions: In some cases, councils may offer a shorter extension, typically based on the assessment of the provided information.


Best Practices for Applicants


Navigating the lapse period and any potential extensions can be challenging. Here are some best practices to consider:


  1. Monitor Progress: Keep a close eye on timelines and act proactively if delays are anticipated.


  2. Communicate Early: If challenges arise in meeting the lapse period, inform the council as soon as possible. An early conversation can lead to more favourable outcomes.


  3. Document Everything: Maintain thorough records of project development, communications with authorities, and any factors contributing to delays.


  4. Engage Stakeholders: Continuously update local communities and stakeholders on project progress. Their support can help in the extension process.


Conclusion


Whether you are a seasoned developer or applying for the first time, grasping the specifics of lapse periods and extension applications empowers you to make informed decisions and allows project to run smoothly.





Altra Planning Limited 
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