Section 92 further information requests flowchart

Text description of flowchart

The council may request further information under s92(1). The council may also request a report to be commissioned under s92(2). Requests must be in writing and state reasons. The request may be made at any reasonable time before the hearing or before the decision to refuse or grant the consent if there is no hearing. The applicant has the right to refuse requests or not respond however the application will then be publicly notified in accordance with 95C and considered under s104.

Best practice tip: After conducting an initial assessment, contact the applicant to give them advanced notice that a written request for further information will be sent. Seek clarification on any matter at this point to develop your understanding of the proposal. Where possible, do this after conducting a site visit and within five working days of the receipt of the application.

Best practice tip: Ensure that the first information request covers all the required information to enable a notification decision to be made (or to make a decision if non-notification is likely). The application should be circulated internally first to ensure all further information requirements are accurately listed and that the further information request precisely identifies the additional information needed. If necessary arrange to meet with the applicant to discuss the s92 request to ensure information is collected to respond precisely to the areas of concern.

Best practice tip: Decide if an independent report is needed to fill any information gaps. This matter should be discussed with the applicant as early as possible. If a request for an independent report is made then the processing clock will be stopped.

1. Application received and lodged - assessment shows further information is needed.
2. Send a written request any reasonable time frame before a hearing or decision. State the reasons for the request and advise the applicant they have 15 working days to respond, and provide the options for responding. The processing clock is put on hold for the first request for information or report.
3. If the applicant provides the information within 15 working days, the council must continue to process the application and make a decision.
4. If the applicant agrees to provide the information in a written notice within 15 working days, the consent authority must set the time for supply of information and tell the applicant in a written notice.
1. If the information is supplied in time, the consent authority must process the application and make a decision.
2. If the information is not supplied in time, the consent authority must publicly notify the application and make a decision without the further information.
5. If the applicant refuses to provide information in a written notice within 15 working days, the consent authority must notify the application and make a decision without the further information.
6. If there is no response from the applicant within 15 working days, the consent authority must notify the application and make a decision without further information.

Best practice tip: By day 12 if you have not heard from the applicant, phone them to check whether there are any problems providing the further information. Advise that the application will be publicly notified if they refuse, which would increase the cost and time.

Note: The applicant may choose to withdraw their application rather than have it publicly notified.

When the application is processed without further information the consent authority must publicly notify the application in accordance with s95C and consider it under s104. Council may choose to:

1. Grant the resource consent without further information and deal with information gaps (eg, by conditions); or
2. Decline the application because there is inadequate information to determine the application. Council must take into account whether any further information or reports were made available.

In respect of any decision made by a council, the applicant has the right to appeal to the Environment Court against the whole or part of a decision and the Environment Court determines the application.