We need to talk about s.37

The use of Section 37 of the Resource Management Act (RMA) to extend the processing time for resource consent applications has become a common practice among Councils, often resulting in significant delays and uncertainty for applicants. Section 37 allows Councils to extend processing timeframes if they deem the application to be "complex" or if there are "special circumstances". However, in my opinion, this section is often used as a means to buy more time rather than its intended purpose - to accommodate complex or unique applications.

As developers, we are particularly affected by these delays, which can add significant costs and uncertainty to our projects. The prolonged processing times can also hinder our ability to market and deliver our projects on time, ultimately affecting our bottom line and end buyer.

I believe that the language of Section 37 is the root of the problem. The current wording gives Councils broad discretion to determine whether an application is "complex" or not, without providing sufficient grounds for applicants to dispute or challenge this determination. This lack of transparency and accountability can lead to arbitrary extensions and further delays.

In my view, the RMA should be amended to provide applicants with a clear process for challenging the determination of complexity and ensuring that Councils justify their reasons for extending processing timeframes. This would promote a more transparent and efficient consenting process, ultimately benefiting both developers and Councils.

I would appreciate hearing from others who have experienced similar issues with Section 37 and any suggestions on how we can improve this provision to benefit all parties involved.