Q. What is a Resource Consent?
A. A resource consent is a permit that allows a person or organisation to do something which may have an effect on the environment.
Some activities may require more than one resource consent and some may require consents from your local District Council as well as the Regional Council.
Q. What activities require a Resource Consent?
A. Any activity that affects the environment may need a resource consent. Such activities include:
- discharging waste into water or onto land, or contaminants into air
- taking, damming or diverting water
- causing a disturbance to or building a structure on the bed of a river, lake or sea i.e. building a wharf or bridge
- drilling groundwater bores
- removal of vegetation or undertaking earthworks near to a waterway.
You will need to contact the Council to confirm consent requirements.
Q. Do I need a consent for taking water for domestic and stock drinking needs?
A. Consents are NOT needed for taking your own reasonable domestic and stock water. However, if you are taking water to supply more than one property, a consent may be required. If you intend to take water to supply more than one property, you should contact the Regional Council to clarify any consent requirements.
Q. How do I apply for a Consent?
A. Application forms are available from the Regional Council Offices, and some of the more frequently used application forms can be printed from this website.
Council staff can advise you what 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 the Council can understand the effects of your activity. Applications submitted with insufficient information will be returned. The amount of detail you need to provide depends on the scale and nature of the proposal.
Q. How much does a consent cost?
A. The applicant pays the Council's costs for processing an application. A deposit of $900 is required with each application. A further charge will be made when the final processing cost is known.
Here are some indicative costs (costs can be higher):
Non-notified resource consents ... $900- $2,000
Notified - no hearing ... $2,500-$10,000
Notified – with hearing ... $5,000-$50,000
Generally the cost will depend on the complexity of the application, the likely effect on the environment, the number of submissions, and the adequacy of the information provided by the applicant.
Q. What happens once your application is received by the Council?
A. When your application arrives at the Regional Council, it is checked to make sure the application is properly made (i.e. complete and the correct deposit has been paid). It is then passed on to a technical officer who will assess the proposal to see if there is sufficient information to enable the application to be processed. If your application is incomplete it may be returned to you for completion or you will be asked to supply further information.
Once all of the necessary information is supplied, a decision will be made on whether your application shall proceed on a notified, limited notified, or non-notified basis.
All resource consent decisions are made under a formal process as set out by the Resource Management Act 1991. A decision to either decline or grant (subjection to conditions) your proposal will be made after considering information put forward by the applicant, any submitters (if notified), relevant statutory documents, and recommendations made by Regional Council staff.
Q. How long will it take for the Council to process my application?
A. Provided that the application submitted includes sufficient information, a non-notified application will be processed within 20 working days.
If the Council determines that an application is to be processed under public or limited notification provisions the timeframe provided for by the RMA is 70 working days.
Q. What is a non-notified application?
A. A non-notified application is one that is determined by the Council without any input from other parties. If the Regional Council considers that your proposed activity is likely to cause only minor effects, and you have obtained the written approval from those parties who may be adversely affected by the activity (which may include neighbouring property owners) the application will probably be non-notified.
Q. What is a publicly notified application?
A. If your proposed activity could have more than minor effects on the environment your application may be processed on a publicly notified basis. A publicly notified application is one which is publicly advertised and anybody may make a submission on the application.
The application will be advertised in a local newspaper and affected parties, e.g. adjoining neighbours, will be sent a letter notifying them of the proposal. This process ensures that people who may be affected by your proposed activity have the opportunity to take part in the decision-making process and make a submission on your application if they wish.
If a submitter opposes your application, then the Regional Council will usually attempt to resolve issues at a pre-hearing meeting. If all issues can't be resolved to the satisfaction of the Regional Council, the application will proceed to a formal hearing before the Regional Council Hearing Panel that will make a decision after weighing up all of the evidence.
Q. What is limited notification?
A. If the effects of your activity are minor but people who may be affected (e.g. neighbours) do not give their approval your application will go through a limited notification process.
This involves notifying the application, but only people who the Council believes to be adversely affected can make a submission. After submissions are received the process is the same as for a publicly notified application.
Q. What if I don't like the Council's decision on my application?
A. If a resource consent application is not notified the applicant may lodge an objection with the Regional Council against the decision. The objection must be lodged in writing within 15 working days of receiving the decision, and set out the reasons for the objection.
If a resource consent application has been notified, either publicly or on a limited basis, the applicant and any person who made a submission on the application may appeal that decision to the Environment Court.
The Regional Council will consider any objection as soon as practical. If there is to be a hearing, you will be given at least five working days' notice of the hearing date, time and place. The objection may be dismissed or upheld in whole or in part. If you are still not satisfied with the Council's decision, you may then appeal to the Environment Court.
Q. What is Environment Court?
A. The Environment Court is a court administered by the Ministry of Justice and presided over by a Judge with expertise in planning and resource management issues. The Environment Court can over-ride the decisions of local authorities on resource consents.
Q. How do I appeal to the Environment Court?
A. If an applicant or submitter is dissatisfied with a decision on a Resource Consent application, they can appeal to the Environment Court.
If you wish to lodge an appeal to the Environment Court, you must do so within 15 working days of receiving notice of the Regional Council's Resource Consent decision. Remember that there are set procedures and fees involved.
The Environment Court
PO Box 5027
Lambton Quay
Wellington
(49 Ballance St)
Ph (04) 915 8300
Fax (04) 915 8303
Q. How long does a resource consent last?
A. Depending on the activity, a resource consent can be issued for up to 35 years.
Almost all Resource Consents have a specified expiry date. If you wish to continue the activity after the expiry date, it is best if you apply for a new consent at least six months before that date.
Q. What happens if I sell my property?
A. If you sell your property you must formally transfer any consents on the property to the new owner. Contact the Regional Council to obtain a transfer form to complete, or download the form. There is a transfer fee to pay when you submit the application to Council for processing.
Q. What happens if I don't use my consent?
A. If the activity stated in your consent has not started within five years of the consent commencement date or by the lapse date specified on your consent document, the consent will lapse. If you wish to have an extension of this period you must contact Regional Council staff for advice at least three months prior to the consent lapse date.
Q. What if I want to give up my consent?
A. If you wish to surrender a resource consent, you must advise the Regional Council in writing.
Q. What happens if I don't comply with my consent conditions?
A. You have a legal obligation to comply with the conditions of your consent and you should be carrying out your own monitoring to check that this is happening. Remember that conditions are set to avoid any adverse effect on the environment.
The Council has several legal methods at its disposal to enforce compliance with consent conditions. These include instant fines, Court orders, and prosecution.
Q. How do I know whether or not I am complying?
A. The Council will help you to understand how well you are complying with the conditions of your consents by completing a written summary after each monitoring visit. A copy will be sent to you which states where compliance or non-compliance was noted. This information is available to the public if requested.
Q. Can the conditions of a resource consent be changed?
A. Yes, you may apply to change the conditions of your consent (but not the expiry date) at any time. The process is the same as for applying for a new consent, but only the effects of the proposed change can be considered.
Q. Do you have more information about Consents?
A. Yes, the document called A Beginners guide to resource and building consent processes- a guide for applicants and submitters is available from the Regional Council offices