What is the consent process?He aha te tukanga tono whakaaetanga?

After you lodge your application, we check it to see that your information provided is adequate to accept. This is known as the 'initial acceptance'. A consents planner will be assigned the project and they will audit the application to check enough information has been provided to allow us to process it.

We have ten working days to get back to you, however we aim to respond to you within five working days.

• If the application is accepted, we will send an acknowledgement letter informing you that the application has been accepted and outlining the process, timeframes and estimated costs.
• If any important information is missing, we will return the application within that time and set out the information that is missing to allow you to reapply. 
• If you have paid the deposit and are looking to reapply, we can retain your deposit for the lodgement of the new application, minus the amount for the time spent.
• If you are not seeking to reapply, we will refund your deposit, minus the amount for the time spent.

The time it takes to process a consent application varies, but if all the information required is received and public or limited notification is not required, a decision will be issued within 20 working days after receiving your application and deposit.

Once an application is accepted, the processing planner checks the proposal against relevant sections of the Resource Management Act, relevant national legislation and local plans. 

We check whether the requirement for consent is correct and whether any additional consents are required for the activity. We also assess the application against the relevant rules, which often set out the matters we can consider in the processing of an application for resource consent.

Assessment of Environmental Effects (AEE)

The Assessment of Environmental Effects (AEE) that is submitted within an application is a key document in the consideration of the nature and type of activity being proposed and how you have considered the effects on the environment, cultural values and any neighbours.

The scope and level of detail of the application will be considered in regard to the nature of the proposed activity and the sensitivity of the receiving environment. We may use specialists (either part of HBRC or consultants) to review the information provided, depending on the nature and scale of the activity. This could include but is not limited to engineering, ecological or hydrological review of the application.

Additional information

We may request more information or commission a specialist report. In some cases, we can also defer the processing (notification or hearing) of an application if it is considered that other consents are required.

The working day clock stops on the day we send out a request for additional information and starts on the day it left off when the applicant fulfils the information request.

Once your application is accepted, your application will be processed as one of 3 types:

• Non-notified – for activities which have less than minor adverse effects on the environment or any people, or where written approval has been obtained from any person considered to be affected by the proposed activity. These applications do not require notification of any sort, and will be processed within 20 working days (assuming no further information is required).

• Limited notified – for activities which will have at least minor adverse effects, and the written approval of any person considered to be affected by your proposed activity has not been obtained. The unconditional written approval of all affected parties will need to be provided by the applicant, or the application will be notified to those parties who may make a submission. If submissions are received, pre-hearing meeting/s and a hearing may be required.

• Publicly notified – for activities which have more than minor adverse effects on the environment. Once notified, anyone can make a submission on the application and, if submissions are received, pre-hearing meeting/s and a hearing may be required.

We recommend that, even if you expect that your application will be processed as a non-notified application, you talk with people who may be affected by your application.

When we make a decision on a resource consent, we consider the effects on the natural environment and how the activity will affect other people's use and enjoyment of the environment.

Once a decision has been made, we will notify you of our decision on your resource consent. If the application was notified, the submitters will also be notified. Be sure to read the decision as soon as you receive it and to clarify any points you do not understand.

The decision will tell you: 

• the reasons for the decision;
• if granted, the conditions on how you may carry out the activity;
• if granted, whether you or the council need to monitor the environmental effects of the activity (e.g if your consent lets you take water from a stream, you may have to record how much you take);
• if granted, whether your consent has an expiry date. Some consents last forever, while others have a limited life. If you want to operate for longer, you need to apply for a new consent for the same activity at least six months before the expiry date.

If you are unhappy with the decision

If you (the applicant) or a submitter are not satisfied with the decision, you may be entitled to:

• lodge an objection within 15 working days with the regional council, which is only possible if there were no submissions, or
• lodge an appeal or enquiry with the Environment Court.

You may wish to object to and/or appeal a decision made during the consenting process. Our staff can help you understand the procedures required to lodge an objection or appeal.

Additionally, you can consult a lawyer or suitably qualified resource management consultant.

Objections

You have the right to object about decisions made by the council under section 357 of the Resource Management Act (RMA).

Applications

• If your application is determined 'incomplete' under s88(3) of the Act, you have a right to object to the consent authority.
• If your suspended application is returned under s91C(2) of the Act, you have a right to object to the consent authority.

Request for further information

• Under section 92(1) of the Act, a council may ask for further information regarding an application; section 92(2) allows the council to request the commissioning of a report regarding your application.

• You have the right to refuse or agree to either of these requests. However, you must respond within 15 working days of the request stating your response. If you do not reply, refuse to provide the information or refuse the report, the council must publicly notify your application.

Submissions

• You have the right to object if your submission is struck out under s41C(7) by the consent authority. 

• If your submission is declined to be processed or considered by the board of enquiry exercising the power of a consent authority under s99(8), you have the right to object.

If you are not happy with a resource consent decision via a hearing

If you are an applicant and not satisfied with the decision, you may:

• Lodge an objection within 15 days with the regional council, which is only possible if there were no submissions; or
• Lodge an appeal with the Environment Court.

If you are a submitter and are not satisfied with the decision, you may lodge an appeal with the Environment Court.

You must have legal standing under the Resource Management Act and understand the procedures that need to be followed before you lodge an objection or appeal. If you fail to follow correct procedures your appeal may be dismissed without you having the opportunity to present your case.

Certificates of compliance

• If you request a Certificate of Compliance, you can object under s139(13)(a) of the RMA.

Appeals

The Environment Court is administered by the Justice Department and is presided over by a judge with expertise in planning and resource management issues. The Environment Court can override the decisions of local authorities. It will hear the application again but will have regard to our decision, unless issues are negotiated between the parties to the appeal beforehand.

If you wish to appeal to the Environment Court, you must do so within 15 working days of receiving our resource consent decision. There are set procedures and court fees involved.

You must have legal standing under the Resource Management Act 1991 and understand the procedures that need to be followed before you lodge an objection or appeal. If you fail to follow correct procedures your appeal may be dismissed without you having the opportunity to present your case.

Our staff can help you understand the procedures required to lodge an objection or appeal. You should seek legal advice if you wish to appeal to the Environment Court. It is a good idea to get the estimate of the costs you may be faced with before proceeding with an Environment Court hearing.