Understanding a Section 92 (S92) Request

A Section 92 request can feel like a roadblock for developers and building industry professionals in New Zealand. Issued under the Resource Management Act 1991 (RMA), these requests for further information can delay projects and inflate costs if not managed effectively. Whether you’re subdividing land, building a commercial complex, or altering a residential property, understanding Section 92 requests is essential for navigating the council consent process in New Zealand. This guide explains what a Section 92 request is, why it’s issued, how to respond, and how to avoid unnecessary delays, empowering you to keep your project on track.

What is a Section 92 Request?

A Section 92 request is a formal process under Section 92 of the RMA, enabling councils to request additional information to properly assess a resource consent application. It ensures applications align with the relevant district plan objectives, policies, rules and standards. Without sufficient details, councils cannot make informed decisions, making S92 requests a critical step in the process.

• Purpose: To clarify incomplete or unclear application details, ensuring compliance with RMA standards.
• Examples: Requests for updated architectural plans, environmental impact assessments, traffic management plans, or ecological reports for sensitive sites.

For instance, a developer proposing a multi-unit residential project might receive a Section 92 request for a landscaping plan, asking for details of planting and usable outdoor space.. These requests ensure councils can evaluate the full impact of a project before granting approval.

Why Do Councils Issue Section 92 Requests?

Councils issue Section 92 requests when an application lacks the necessary details to assess its environmental, social, or infrastructural impacts. Common triggers include:

• Incomplete Plans: Missing details, such as setbacks, coverage, recession plans, services etc, that prevent councils from evaluating compliance.
• Specialist Input Needed: Requirements for reports from geotechnical engineers, traffic consultants, or landscape architects to address specific concerns.
• Discrepancies in the Assessment of Environmental Effects (AEE): Inconsistencies or gaps in the AEE, a mandatory document outlining a project’s environmental impacts.

The “stop the clock” mechanism pauses the statutory 20-working-day processing period until the applicant responds, which can delay projects significantly. For example, a council might request a noise assessment for a proposed commercial development near a residential area, halting processing until the report is submitted.

How to Respond to a Section 92 Request

Responding effectively to a Section 92 request is critical to minimize delays and keep your project on schedule. Follow these steps:

1. Review the Request: Carefully read the council’s letter to understand the specific information required. Misinterpreting the request can lead to further delays and costs.
2. Engage Experts: Consult planners, surveyors, or specialists (e.g., landscape architects or urban designers) to address technical queries. For complex requests, a planner can coordinate responses to ensure compliance.
3. Prepare a Response: Compile requested documents, such as updated plans or specialist reports, ensuring they are clear, accurate, and meet council standards.
4. Submit Within 15 Days: Respond within the statutory 15-working-day period, or request an extension if additional time is needed. Prompt submission keeps the process moving.
5. Follow Up: Confirm receipt with the council and address any subsequent queries promptly to avoid further pauses.

For example, if a developer in Auckland applied for a resource consent to subdivide a property into three lots and the terrain was sloping, the council may issue a Section 92 request for a geotechnical report due to the site’s sloping terrain. By engaging a geotechnical engineer and submitting the report within 15 days, the developer could avoid a significant delay and secure approval within the original timeline.

Impact on Project Timelines and Costs

Section 92 requests can delay projects by weeks or months due to the “stop the clock” mechanism, which pauses the 20-working-day processing period until a response is received. Delays depend on the complexity of the requested information—simple updates might take days, while specialist reports can take weeks. Costs may include:

• Consultant Fees: Specialist reports, such as environmental or traffic assessments can vary greatly and depend largely on complexity.
• Additional Processing Fees: Significant revisions to an application may incur extra council fees, particularly for complex projects.
• Opportunity Costs: Delays can push back construction schedules, impacting financing or market timelines.

To minimize impacts, submit thorough applications upfront and budget for potential specialist reports. Early consultation with a planner can help anticipate council requirements.

Tips to Avoid or Streamline Section 92 Requests

Reducing the likelihood of a Section 92 request requires proactive preparation. Here are actionable tips:

• Submit Complete Applications: Include a detailed AEE, accurate plans, and supporting documents to address potential council concerns upfront.
• Engage Experts Early: “A well-prepared application can reduce the likelihood of a Section 92 request,” says a hypothetical planning consultant with 15 years of experience in Auckland.
• Check District Plans: Review the local district plan to ensure compliance with zoning, environmental, and infrastructural rules.
• Communicate with Council: Contact the processing planner before submission to clarify requirements and avoid oversights.
• Anticipate Specialist Needs: For complex projects, include reports (e.g., geotechnical, ecological, or traffic) in the initial application to preempt requests.
• Use Digital Tools: Leverage council portals (e.g., Auckland Council’s online system) to track application progress and respond quickly to requests.

Additional Tip: Maintain a project timeline that accounts for potential resource consent delays in New Zealand. For example, allocate an extra 4-6 weeks for potential Section 92 requests when planning major developments.

Conclusion

A Section 92 request is a standard but critical part of New Zealand’s resource consent process, ensuring applications meet environmental and planning standards. By understanding its purpose, responding promptly within the 15-working-day timeline, and preparing thorough applications, developers can minimize delays and costs. Proactive steps, such as engaging planners early and reviewing district plans, can further streamline the council consent process. If you would like some help navigating a S92 request or would rather let someone else handle the council consent process, reach out to LG Consulting today and let’s chat!