What is a Section 92 Request under the Resource Management Act (1991)?
If you’ve lodged a resource consent application and the Council asks for more detail, this is known as a Section 92 (S92) Request. It’s a formal way for the Council to request further information when what’s been provided isn’t quite enough for the planner to make a fully informed decision.
Receiving a Section 92 request doesn’t mean your application is in trouble — it’s just part of the process to make sure everything’s properly considered. If you’re unsure what to do, it’s a good idea to seek advice to keep things moving forward.
There are two types of Section 92 requests:
- S92(1): The Council may ask you directly for more information about your application.
- S92(2): The Council may commission a report from someone else, but only if they believe your activity could have a significant adverse effect, they let you know first, and you haven’t refused permission.
What should you do if you receive a Section 92 Request?
You’ll have 15 working days to let the Council know whether you:
a. Will provide the information
b. Agree to provide it but need more time
c. Choose not to provide the information
If you agree to provide the information, the Council will confirm a reasonable timeframe for when it’s due.
What happens if you don’t respond or refuse?
The Council will still process your application, but if they don’t have enough information to understand the effects of your proposal, they may decline it.
Jessica Hunter
Environmental Consultant