On this page is information to assist resource consent applicants with written approvals and side agreements.
On this page:
Where the effects of the activity are likely to be minor, Hawke’s Bay Regional Council may decide that an application does not need to be notified, provided that written approvals are obtained from people or organisations that are likely to be affected by the activity.
Where environmental effects may be significant, the Council is required to notify the application – whether or not any written approvals have already been gained by the applicant.
Where written approvals have been obtained for a resource consent, the Council cannot take account of any effects the proposal might have on the person who has given their written agreement.
Affected parties therefore need to check consent applications thoroughly before signing anything.
The Regional Council can supply a standard form for written approvals which details all the requirements and implications. For multi-ownership property, make sure that the person who signs the written approval has the authority to do so on behalf of all owners of the property.
Some affected parties agree to give a conditional approval, e.g. I approve my neighbour taking water from his bore for irrigation provided that it doesn’t affect my water supply from my bore.
The Council cannot accept conditional written approvals as a means to process a consent on a non-notifiable basis instead of a notified basis. Unless the approval is made unconditionally, the Council will notify the application.
Therefore any measures that the applicant intends to take to meet the affected party’s concerns should be included in the application, so that the party can base their unconditional written approval on the amended application.
Sometimes affected parties give their written approval on the condition that the applicant agrees to a certain action, such as a financial payment or the fencing off or planting of a certain area.
These agreements, entered into to obtain the written approval of an affected party, are called side agreements as they generally do not relate to any direct effect of the proposed activity.
Affected parties should not rely on the Council to impose particular conditions on the consent which would require the applicant to meet the requirements of the side agreement. Many side agreements are for matters that are beyond the scope of the types of conditions that can be imposed. The recommending officer may also consider such other agreements unnecessary.
However, side agreements are often noted on the consent document as an advisory note to make it clear to anyone reading the document that other agreements have been reached.
If you are entering into a side agreement, make sure it is in writing and in a form that is legally binding on the resource consent applicant. Any enforcement of the agreement is then in the hands of the affected party, not Hawke’s Bay Regional Council.
If you have any doubt about any approvals of agreements related to a resource consent that may affect you, talk to a member of the Regional Council Consents Team. They can advise you whether the action you want the applicants to take is within the scope of the Council’s consideration of the application and whether it may be imposed as a condition.