Resource consents – the process

The resource consent process is an important tool in helping to maintain a healthy and sustainable environment. Through this process we work to ensure our finite resources are used fairly and sustainably.

The Resource Management Act 1991 (RMA) gives us the authority to issue consents to people who wish to use or affect water, air, land and coast. If you are granted consent, you have the right, often subject to conditions, to use the natural resource. Once resource consents are issued we monitor the activities to ensure any conditions are complied with.

Our consents team offers an advisory service to help applicants, potential applicants, submitters, affected parties and the general public. The first hour of advice is free and charges range from $90 – 140 per hour after that.

Step One: Deciding if consent is required

Under the RMA you may need resource consent before you:

take, dam or divert water (water permit)
discharge contaminants into water, into air or onto land (discharge permit)
use, disturb or build a structure below the highest point on the coast where the sand gets wet (coastal permit)
use, disturb or build a structure on a river or lake bed, including gravel extraction (land use consent)
disturb or clear vegetation from erosion prone land (land use consent).

Sometimes an activity requires more than one resource consent. For example, river protection works may need a land use consent and a water permit.

City and district councils also issue consents for some land uses and subdivisions. Contact your local council to check if the activity you are planning requires consent from them.

Step Two: Applying

We have a standard application form for all types of resource consent. Download one, or contact us to have one sent out. See the ‘Applying’ section for information to help you with your application.

Your application must be accompanied by an application deposit. Information on fees and charges.

For more information on the general steps of the consent process and requirements, please refer to the information on resource consents brochure.

Step Three: Processing the application

If you supply all the necessary information and pay the application deposit, our consents team decides how the consent will be processed. This decision is based on the legal requirements in the RMA.

The regional council have a standard form which can be passed to neighbours or affected parties to obtain their approval regarding your resource consent, please click here for this form affected party approval form.

Either:

Non-notified

If the environmental effects of your proposed activity are minor, and you have received written approval from all adversely affected parties, then your application can be processed ‘non-notified’.

Limited notification

If the environmental effects of your proposed activity are minor and it has been possible to identify all affected parties, and you have provided nearly all of the written approvals from those affected parties, then your application can be processed by limited notification.

When an application is notified by limited notification, we identify those parties adversely affected by the proposal pursuant to Section 94 B of the RMA and notify them directly. Limited notification is an alternative step to full public notification when an application which has minor effects cannot be processed non-notified. No public notice is placed in the newspaper and there is no sign placed at the site of the proposed activity. The only people who can make a submission on a limited notification are those parties directly notified. A submission period of at least 20 working days is allowed for this.

If no submissions are received then a decision will be made within 20 working days.

If submissions are received then the process continues as if the application was notified.

Notified

Your application is notified when the environmental effects of the proposed activity are not minor, and/or you do not have written approval from adversely affected parties.

We place a public notice in the newspaper, and at or near the site of the proposed activity. We also send copies of the application to the relevant district/city council, neighbours, affected parties, iwi authorities, and special interest groups.

Anyone can make a submission on a notified application during a specified period of at least 20 working days. Find out more information on making a submission.

If preferred, the Regional Council have a standard submission form available. Please remember that a copy of a submission MUST be served to the Regional Council and a copy served on the Applicant.

If we receive submissions we may hold a pre-hearing meeting to try and clarify or resolve any concerns. We also encourage applicants to talk to submitters. Concerns are often resolved this way; however, if no agreement is reached, we may hold a formal hearing to gain an outcome. Get more information on pre-hearing and hearings.

The decision of the Hearing Committee can be appealed to the Environment Court.

An objection can be lodged with us if you are unhappy with a decision not to notify a consent.