On this page is information to assist resource consent applications with consultation. The Resource Management Act requires all applicants to make an effort to consult with affected parties. Consultation involves discussing any project requiring a resource consent with anyone who may be affected or who may have a general interest in the environment. This is likely to involve your neighbours and other users of the resource, but may also include iwi groups, environmental groups, the Department of Conservation, or Hawke’s Bay Fish and Game Council.
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By spending time and effort discussing your project with people before presenting your application you can save considerable time and costs associated with lengthy pre-hearing meetings, hearings and appeals. Consultation ensures that people know of activities that may affect them and have the opportunity to discuss concerns directly with you, and for you to address these concerns.
In your application, include details of who you have consulted with and indicate their concern and what you will do to meet their concerns. Adequate consultation may minimise the processing time and therefore the costs of the application.
If you are uncertain of who you need to consult with, contact Regional Council consents staff for advice. However, you can consider people in the following categories.
- neighbouring landowners – both immediately adjacent and in the vicinity
- other users of the resource, e.g. people who take water from the river you wish to use
- iwi groups (tangata whenua)
- Department of Conservation
- local or national environmental groups
- other people who are likely to be affected by your project
Your consultation should be as thorough as possible. If you overlook any individual or group, you should be able to show that your intention was to consult widely.
Based on case law, some of the elements of consultation can be summarised as including, but not limited to, all or any of the following.
- discussing a proposal not yet finally decided upon
- listening to what others have to say and considering responses
- having sufficient time for genuine effort to be made
- having enough information to enable the person your are consulting with to be adequately informed so they are able to make intelligent and useful responses
- having an open mind and being ready to change or even start afresh although you already may have a working plan in mind
- it is an intermediate situation involving meaningful discussion
- the party obliged to consult holds meetings, provides relevant information and further information on request, and waits until those being consulted have had a say before making a decision
- merely telling or presenting a final proposal;
- the same as negotiation, although a result could be an agreement to negotiate.
The Regional Council cannot make a decision on an application without first assessing and weighing up issues related to the application that affect Maori. The Resource Management Act (Pt 11) requires regional councils to bear in mind the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga. It also requires councils to have regard to kaitiakitanga (the exercise of guardianship) and the principles of the Treaty of Waitangi. Council staff can advise you of appropriate iwi contacts.
- Discuss the extent of the consultation you will be expected to undertake with Regional Council staff.
- Make contact with the people or organisations you wish to consult with – a phone call followed by a personal visit is a start.
- Keep a record of your consultation – who was consulted, the date, the topics discussed, issues raised and decisions reached. Include any information that may be helpful in presenting your application to the Regional Council.
- Report the outcome of any consultation in your application – the concerns of those consulted, your response to those concerns, how you intend to address those concerns in your proposal.
If at any stage you need advice, do not hesitate to contact Regional Council staff.