Processing of Resource Consent Applications

Decision made

When making a decision, the consent authority will weigh up a wide range of factors, in order to determine whether granting the application constitutes sustainable management (sections 104 & 105). Matters which the authority must have regard to include:

• Any actual and potential effects on the environment of allowing the activity
• Any relevant provision of a national environmental standard, other regulations, a national policy statement including the New Zealand Coastal Policy Statement, the regional policy statement and any proposed regional policy statement
• Any relevant provisions of applicable plans or proposed plans
• Any other matters the consent authority considers relevant and reasonably necessary to determine the application

The consent authority:

• May disregard an adverse effect if a national environmental standard or  a plan permits an activity with that effect (permitted baseline) (section 104(2))
• May not have regard to trade competition or the effects of trade competition and any effect on a person who has given written approval to the application (section 104(3))
• Must have regard to the value of the investment of the existing consent holder when considering an application for a new consent for an existing activity (section104(2A))
• Must not have regard to the effects of a discharge into air of greenhouse gases on climate change except to the extent that the use and development of renewable energy enables a reduction in such discharge (section 104E)
• May decline an application for a resource consent on the grounds that it has inadequate information to determine the application, having regard to whether any requests for further information were made (section 104(6)).

If a hearing is held, the decision must be notified within 15 working days of the close of the hearing (section 115). If the application was notified the decision must be in writing and state (section 113):

• The reasons for the decision
• The relevant statutory provisions which were considered
• Any relevant provision of a policy statement, national environmental standard or plan
• The principal issues which were in contention
• A summary of the evidence heard
• The main findings on the principal issues that were in contention
• Where a resource consent is granted for a shorter duration than requested in the application, the reasons for deciding on a shorter duration

The decision can cross-refer to and adopt all or parts of the assessment of environmental effects and any report prepared. Every decision on an application for a resource consent that is not notified must be in writing and state the reasons for the decision (section 113(4)). The decision must be notified within 20 working days of the application being lodged.

A copy of the full decision must be served on the applicant. Only a notice of the decision (not a full copy), and a statement of the time within which an appeal may be lodged, must be served on submitters (section 114). Once you receive a notice of the decision you can request a copy of the full decision from the council. This must be provided within three working days of your request.