Annex 3: EEZ consent process

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This flowchart works through a high-level overview of the three stages of the consent process.

Applying for an EEZ consent:

• The applicant engages prior to application with the government to identify any affected parties, and then it identifies effects on the environment, other defined interests and any cultural impacts; and
• The applicant makes the application for an EEZ consent, which will include an impact assessment statement.
• If the application does not contain all the required information, the applicant will be required to gather further information and re-apply. If the application does contain all the required information it will go to the processing stage.

Processing the EEZ consent application:

• When a complete application is submitted, the EEZ Commissioner will notify the public, government, council, iwi and key stakeholders of the consent application
• The EEZ Commissioner will receive and analyse any submissions made in relation to the consent application
• If any conflict resolution is required, due to opposition to the application, the EEZ Commissioner may require meetings and / or mediation to resolve the conflict
• If there is no conflict, or once any conflict has been resolved, the EEZ Commissioner will commission an independent audit and / or scientific advice if required. This advice will be made available to the EEZ Commissioner and Maori advisory panel.
• The EEZ Commissioner will produce a report which summarises the issues in relation to the consent (environmental effects, significant adverse effects on defined interests, economic / social / cultural) and make recommendations on what decision should be made.
• The Maori advisory panel may also provide a report to accompany the EEZ Commissioner’s report.

Making the decision:

• A decision of whether the application will be called into the Environment Court. If the application is called-in to the Environment Court, the Minister for the Environment will not make the decision on the application. If the application is not called-in to the Environment Court, the Minister for the Environment will make the decision through application of the purpose, principles and objectives of the proposed legislation. Consent can not be granted if there will be significant adverse effects from the proposed activity on defined interests.  
• If the Minister’s decision is appealed, the appeal is heard by the Environment Court. If the Minister’s decision is not appealed, the decision will stand.