On this page is general information on applying to Hawke's Bay Regional Council for a resource consent.
On this page:
Regional Plans have been developed by the Hawke’s Bay Regional Council to determine whether activities that impact on the land, water, air or coastal environment are to be permitted, discretionary, restricted discretionary or controlled. Consents are issued, with conditions, for the last three categories.
Any new developments may impact on the environment so the resource consent process ensures that applicants have thought about what precautions they need to take to ensure that resources are not damaged or overused. It also ensures that people can get fair access to the resources they need for their economic or social benefit.
As the granting of a resource consent is the beginning of a formal, contractual relationship between the resource user, the community and Hawke’s Bay Regional Council, it is important that applications are thorough and accurate.
This information will assist you with the consent application process and the management of your consent after it has been granted.
Please contact the Regional Council if you have any enquiries about resource consents or the information presented here. We will be pleased to help you.
Under the Resource Management Act 1991 you need a resource consent if you want to carry out various activities which may have an effect on the environment, such as:
- discharging waste into water, into air or onto land;
- taking, damming or diverting water;
- causing a disturbance to or building a structure on the bed of a river, a lake or the sea, i.e. building a wharf or bridge;
- drilling groundwater bores or wells.
Consents are not needed for taking your own domestic and stock water. However, if you are connected to a communal water supply, a consent may be required if the total volume of water taken in any 7 day period exceeds the permitted volume or if your property is located in a water management area as detailed in the Regional Plan. If you are on a communal system, you should contact the Regional Council to clarify any consent requirements.
Consents are not needed for activities which have been permitted by rules in Regional Plans. These rules generally have a number of conditions that need to be satisfied in order for the activity to be considered a ‘permitted activity’.
Please check with Regional Council Consents staff if you are uncertain whether you need a resource consent. If you require further information relating to resource consents or the provisions of the Resource Management Act 1991, please consult the Act, Regional Council staff, or a resource management consultant.
Application forms are available from the Regional Council offices, with some of the more frequently used forms also being available via this website. Regional Council staff can advise you what type of consents you will need for your proposal.
Resource consent applications need to be thoroughly and accurately prepared before being given to the Regional Council to avoid any delays or complications and so that other interested parties can understand the implications for them. Applications submitted with insufficient information will be returned and could cause you unnecessary delays. The amount of detail you need to provide depends on the scale and nature of the proposal. Additional information may be requested in some instances.
All applications must include:
- a location plan;
- an accurate description of the proposed work;
- a record of any consultation that has been undertaken with affected parties; and
- an assessment of the likely effects on the environment, both positive and negative.
This must include effects on land, air, water and people and a description of what you intend to do to minimise any adverse effects.
The Assessment of Environmental Effects (AEE) for major discharges or activities in sensitive areas will need to be comprehensive.
You should discuss the scope and contents of the information relating to your application with Regional Council staff or consultants, especially for more complex matters such as discharges or projects in sensitive areas.
In addition, some activities may require resource consents from your city or district council. All councils involved aim to coordinate the processing of such applications and will hold joint hearings where necessary. You can make it easier by identifying all the consents you require when you first make an application.
Applicants are advised to consult as much as possible beforehand with anyone who may be affected by the work or who may have an interest in the local environment.
The Resource Management Act requires applications to be processed within a certain timeframe. Time limits may be extended if necessary.
If the Regional Council considers that your proposed activity is likely to have minor environmental effects and you have obtained signed consent from your neighbours and other parties who may be affected, the application is likely to be processed without public notification. Non-notified consents are issued by the Council’s Environmental Regulation Manager, who has delegation to issue consents on behalf of the Council. Most consents are dealt with in this way.
An application will be considered through a process of limited notification (or service of notice) if the proposed activity could have an impact on people living in the vicinity and all of those who may be affected have not given their approval. The Regional Council will send letters to those who have been determined to be affected persons to advise them of the process for making a submission if they wish to do so.
This ensures that those people who may be directly affected by the proposed activity have the opportunity to take part in the decision making progress by making a submission either supporting or opposing the application.
An application will be publicly notified if the proposed activity could have effects on the environment which are more than minor. The Regional Council will advertise these applications in local newspapers and send letters to persons considered affected.
This ensures that everyone has the opportunity to take part in the decision-making process by making a submission either supporting or opposing the application.
Regional Council staff will evaluate applications and accompanying information to ensure that there is sufficient information to proceed. You may be asked to supply further information at this stage. The decision whether to notify the application is made by the Manager Environmental Regulation.
Notified applications that receive submissions are reported to the Council’s Regulatory Hearings Committee for a decision. This is a public meeting. Formal hearings may also be held, at which applicants and submitters can present their cases but Regional Council staff will first seek to negotiate any disputes and possible solutions with the parties involved.
Non-notified applications are determined by the Manager Environmental Regulation on the recommendation of staff and other expert advice as required. Notified applications which attract no submissions are decided by the Group Manager Environmental Management.
The Regional Council’s policy is to recover all processing costs associated with an application from the applicant. A deposit of $800 + GST is required with each application. A further charge will be invoiced when the final processing cost is known.
The indicative cost (costs can be higher) for a non-notified resource consent is $800 - $1,500.
Costs are likely to be higher in the following circumstances.
- Information provided with application is incomplete or inadequate
- The scale of the activity is large
- There has been inadequate consultation with adversely affected persons
- The activity is in a sensitive area or involves a scarce resource
- The activity is 'unusual' in any respect
- The activity is not consistent with Council plans or policies
- The activity involves multiple consents
Any applicant or submitter may appeal the Regional Council’s decisions on notified applications within 15 working days of receiving the notice of decision. Appeals must be lodged with The Environment Court, PO Box 5027, Lambton Quay, Wellington. You are advised to seek assistance from a lawyer if you plan to appeal.
Objections to any decision made on a non-notified application or a notified application with no submissions must be made in writing to the General Manager of the Regional Council within 15 working days of receiving the decision.