When a resource consent application is publicly notified, anyone can make a submission on the application, and any submitter can appeal the decision of the council to the Environment Court. If a resource consent application is not publicly notified, there are no general rights to submit and appeal. The Act also makes provision for limited notification where only people who are affected by the proposed activity are notified and given the opportunity to lodge a submission.
In practice, currently less than five per cent of applications are publicly notified. This means that members of the public have no opportunity to make submissions on the vast majority of resource consent applications. Directly affected parties or affected customary rights order holders, however, must normally have given written approval to the proposal as a prerequisite to non-notification.
Who decides on notification?
For information about who decides on notification click here
When are applications not notified?
For information about when applications are not notified click here
Limited notification
If a consent authority does not publicly notify a resource consent application it must decide if there are any affected persons or affected order holders (section 95B(1)). The consent authority must give limited notification of the application to any affected person unless a rule or national environmental standard precludes this. Regardless of rules or national environmental standards any affected customary rights order holder must be notified.
When are adverse effects more than minor?
For information about when adverse effects are more than minor click here
Who are adversely affected parties?
For information about adversely affected parties click here
How are applications notified?
For information about how applications are notified click here
Relevant legal provisions
For relevant legal provisions click here
Further information
For further information click here
