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Resource consents

Introduction | When a resource consent is needed | Resource consent process | Applying for a consent | Streamlined application process | Publicly notified consents | Making a submission | Hearings | If your approval is needed | Monitoring resource consents | Certificate of compliance | Environmental fines

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Publicly notified consents

• What is notification?
• Who needs to be notified?
• Getting approval from affected people
• Non-notified applications

What is notification?

When a resource consent application is notified, details about that application are publicly advertised and sent to people living close to the property or to relevant interest groups.

This gives people an opportunity to 'have their say' on whatever is proposed in the resource consent application.

The council decides if notification is necessary in accordance with the statutory requirements set out in the Resource Management Act.

If an application is publicly notified there is a submission period of 20 working days. This gives people sufficient time to prepare written submissions and send them to us. Once this period is over the application is considered by a planner and a public hearing is organised.

The applicant and anyone who has made a submission may speak at the public hearing, which is held in front of planning commissioners. These commissioners then decide if the proposed activity will be allowed to go ahead or not.

Copies of public notices for notified resource consent applications are available on this site.

Who needs to be notified?

The Resource Management Act states that the following people and organisations must be publicly notified

• the owner and/or occupier of the land where the activity proposed in the resource consent application will be carried out
• persons likely to be directly adversely affected by the proposed activity (eg, adjacent neighbours) which is determined by the Local Authority
• the general public (this means the proposed activity will be listed in the 'public notices' section of relevant newspaper/s). Generally Auckland City Council uses City Scene for notifications, however we may also advertise the application in other forums depending on the circumstances of the application, or if there are any cross-boundary issues with other local authorities.
• Minister of Conservation, if the application is for an activity on land adjoining the coastal marine area
• Historic Places Trust (Pouhere Taonga) if its interests are affected (eg, the proposed activity relates to a building of historic significance)
• Minister of Fisheries, if the application relates to a marine or fish farm
• Local authorities, iwi authorities and other authorities or persons considered appropriate.

Getting approval from affected people

Written approval from the people who may be affected by your proposal can have a major bearing on:

• whether the application is notified or non-notified
• the final outcome of the resource consent application
• the time and cost involved in processing the application

If written approval from all adversely affected parties has been obtained and the adverse environmental effects of the proposed activity are minor, council may decide not to publicly notify the resource consent application.

Once an affected person has supplied their written approval of an activity, council cannot take into account any adverse effects that activity may have on them. This is the case whether or not the application is publicly notified.

If you do not obtain written approval from all adversely affected persons or if we consider the adverse environmental effects to be potentially major, your application will need to be publicly notified.

Non-notified applications

If it is determined that an application can be processed without public notification, the authority processing the application should make a decision within 20 working days from the date of lodgement, provided no further information is needed.

If further information is needed, then the working days stop until all necessary information has been received.

Any person may seek a judicial review of the local authority decision not to notify an application. This is done by making an appeal to the High Court who will check to see that the legal processes were followed and that the authority made a reasoned decision (you should seek legal advice if you wish to follow this process).

Reviewed April 2008