Step 1 - Lodging the consent
When you submit your application it will be loaded into the Council system, allocated an RM consent number and your deposit requested. Once the deposit is received the ‘clock’ will start.
Step 2 – s88 and Acceptance of consent
Your application will be checked for completeness pursuant to s88 of the RMA within ten working days. If it is deemed incomplete it will either be returned to you or you will be contacted to provide the missing information. If returned you will be charged for the administration and staff time taken to do the initial assessment. If it is deemed to meet s88 it will be passed to a consent planner for processing.
Step 3 – Council assessment of the application
The consent planner will begin an assessment of the application, which often includes a visit to the site.
3a. Request for Further Information (RFI)
As part of the assessment the Council may require further information (see Section 92 of the RMA). If so, you will receive a letter notifying you of the information being requested. You have 15 working days to respond either that you agree to provide the information in the timeframe, will provide the information but within a different timeframe, or refuse to provide the requested information. The processing clock will be stopped until the Council receives this response or information.
If the Council does not receive a response within 15 days, it can decide to continue to process the application on the basis of the information available, but this could mean that the application will be rejected on the grounds of incomplete information, or additional conditions may be imposed to cover uncertainties of effects.
3b. Request for additional resource consents
As part of the assesment it may be discovered that further resource consents are required to carry out your activity (see Section 91 of the RMA). The Council will request you apply for these additional consents in writing. The processing clock will be stopped until all consents have been applied for so these can be assessed and processed at the same time.
3c. Request for approval from affected parties
As part of the assessment the Council will determine if there are any neighbours or other people who are considered "affected parties". If you haven't provided written approval forms with your application, you may be asked to get the approval of any affected party (see Section 95E of the RMA).
Council's request to you for any approvals may be sent at the same time as a letter requesting more information (see prior section) or as an additional letter. You will be given an expected timeframe to provide these written approvals, usually 20 working days. The processing clock is stopped until all approvals are received.
Step 4 - Decision regarding non notification or notification
As part of their assessment Council makes a determination on whether a consent should proceed as notified or not. Council will decide one of four processing routes:
- non-notified, no consultation with affected parties is required
- non-notified if written approvals are obtained from all affected parties
- limited notification, meaning Council requires serving a notice on affected parties if not all written approvals are provided
- publicly notified, meaning Council requires serving a widespread notice on the community at large
Limited notification or public notification may occur:
- If the Council decides that your proposal may have "more than minor" effects on the environment
- If affected persons have not given their consent
- If there are special circumstances requiring notification
- If you request it
Council will advise you as soon as it has decided if notification is required, and whether it will be full public notification or notification limited to people deemed to be affected or having a particular interest in your application.
An additional deposit will likely be required before notification (as notification has extra costs).
Step 5 – If a Consent application is notified
If a consent is limited notified only the persons deemed affected will be “notified”. They will have 20 working days to make a submission. Depending on the submissions received a Hearing may then be scheduled where all parties – applicants, submitters and Council planner – present their reports and information to an independent Hearings Commissioner.
If a consent is publicly notified it will be advertised in the Nelson Mail and on Council’s website. It is open to any person to make a submission. They will have 20 working days to make a submission. Depending on the submissions received a Hearing may then be scheduled where all parties – applicants, submitters, Council planner, any experts – present their reports and information to an independent Hearings Commissioner.
Step 6 – Decision to Grant/Decline the consent
As part of the assessment the processing planner will write their report summarising all the issues and recommending whether the consent be granted or declined, with suggested conditions. Most consents are granted with conditions.
For non-notified consents an authorised member of the Council’s Consents staff can usually grant the consent. Sometimes an independent commissioner is used.
If the application is notified and goes to a hearing, the decision will be made by an appointed third-party commissioner(s) or by Council's Hearing Panel consisting of elected Councillors. The technical nature of the activity, Councillor availability, or needing an independent decision maker (if Council is the applicant, for example), usually determines how the hearing is to be heard and who has authority to decide the consent.
If Granted
Most resource consent applications are granted. If granted you and/or your agent will be forwarded a copy of the decision, usually via email. It is important you read your consent and fully understand the conditions prior to commencing the activity. You may also require other authorisation such as a building consent prior to commencing.
Your resource consent decision document will tell you:
- What conditions Council has put on the consent
- The reasons for the decision
- The main findings of fact
- The key issues in contention and a summary of the evidence heard (if a hearing is held)
- The relevant plans and policy documents considered
- Whether you or Council need to monitor the environmental effects of the activity
- Whether your resource consent has an expiry date
If Declined
If your application is declined you will be sent a document outlining some of the points above.
If you think Council's decision is unfair, you can lodge an appeal with the Environment Court under Section 120 of the RMA.
Step 7 - Objecting to consent conditions
It is important you read your consent and fully understand the conditions prior to commencing the activity. Ideally the conditions would have been discussed during the processing of consent. If however you think there is something wrong please contact the planner who processed this consent to discuss your concern.
If it is a minor issue there is opportunity via s133A of the RMA to make minor corrections to a consent document.
If it is a bigger issue and you object to any of the conditions then you have 15 working days from the notification of the decision to lodge an objection, which must be in writing, to the Council (Section 357 of the RMA).
If you are not happy with the Council's reply to your section 357 objection, you can further object to the Council's Hearings Panel, which involves a hearing. If you still are not happy then you can take your case to the Environment Court. There are costs associated.
The notice of decision letter will include full information about your rights as a Consent Holder, including your right to appeal the decision, and contact details for the Environment Court.
Step 8 – Starting the activity
For non-notified consents you can start your activity as soon as the approved consent decision is issued, any pre-commencement conditions have been complied with, and all other necessary consents/licences if required under different legislation have been obtained (e.g. building consent, liquor licence, vehicle crossing permit).
For applications that were notified, you generally have to wait until an appeal period of 15 working days has passed before you start work on the activity to give people time to lodge an appeal with the Environment Court if they still oppose your application. If an appeal is lodged you must wait for the outcome before commencing your activity if authorised by the Environment Court.
How long is a consent valid? Lapse dates and expiry dates
The duration of the consent will vary according to the type of activity. Most land use consents have no end date. Discharges to air, land or water, coastal and water permits will have a stated expiry date of up to 35 years.
Some consents will be granted with a specific lapse date, whereby the activity must be started by a certain date. Most consents do not specify a lapse date, but under s125 of the RMA a consent will automatically lapse if the activity is not undertaken within 5 years of it being granted.
Subdivision consents lapse after 5 years unless a title plan is submitted for approval (s223) and will lapse 3 years after that if the plan approval is not completed.
Consent holders can apply to extend the lapse date for a consent if they can show substantial progress has been made toward giving effect to the consent and they have met the criteria in s125 of the RMA. An expiry date cannot be extended.
Frequently Asked Questions
