Consent process
This section describes the process involved in applying for a resource consent, to give you the context within which consultation takes place.
Consent authorities (councils)
The resource consent process is managed by councils. In this role they are called 'consent authorities'. There are three types of councils:
- territorial authorities (city or district councils)
- regional authorities (commonly known as regional councils)
- unitary authorities (combined regional and territorial authorities).
While their roles and responsibilities are prescribed by the RMA, councils are able to provide guidance on consultation, at any stage during the consent process. For more general information on the Resource Management Act see 'An Everyday Guide to the RMA' booklet 1.1 Getting in on the Act.
Consent process stages
The way your consent application proceeds will vary depending on the scale and significance of the effects of your proposal, whether you've obtained written approval from all the people the council considers will be adversely affected, and the type of consent being applied for. For more information see 'An Everyday Guide to the RMA' booklet 2.1 Applying for a Resource Consent.
Officially, the 'consent process' starts when you lodge an application with a council. But by that stage, you are likely to have a pretty clear view about what you're wanting consents for. The best time to engage in consultation is before the consent process formally begins. This is the 'first stage' described below. The 'second' and 'third stages' in the process follow, once you've lodged your application with the council. All three stages have some relevance to consultation.
First stage - preparing your application
This is the period leading up to the lodgement of your application with the council and includes all the information gathering you will do.
- You start with an idea or project.
- You may consult with others (the rest of this guide explains how you do this).
- Develop your proposal.
- Prepare and lodge your application.
During this stage you should discuss your proposal with the council and others potentially affected by your proposal. It's best to have these discussions while you're still developing your proposal, and before you lodge your application with the council. Discussions with the council will help you identify what types of consent are required (if any), what environmental issues might need to be addressed, and what information is required to address those issues and support any applications for those consents. You might consider getting advice from relevant resource management professionals at this stage such as planners, engineers, landscape architects and archaeologists, if the scale and significance of your proposal warrants it.
It's important to bear in mind that consultation may not be just a pre-application exercise - it can help throughout the consent process, and form the basis for long term relationships with your neighbours and the community.
While the RMA does not require you as the applicant to consult with any one, it's a good idea to consult with those who you and/or the council think could be affected by your proposal. In some cases, the council may indicate who may potentially be adversely affected. The final decision on who is adversely affected however won't be made until after the application is lodged. If you ask the council early then it may be possible for you to include any written approvals that you get from potentially affects persons with your application, when you lodge it. This can save time, and may mean your application can proceed on a non-notified basis.
Remember to be upfront about your intentions when making contact with any potentially affected person about your application for resource consent.
Second stage - lodging your application: the council considers your application
Once you lodge your application for resource consent with the council they will make a number of decisions:
- The council receives your application and checks it for adequate information.
- The council decides whether to notify your application or not.
- The notification of your application enables parties to make submissions.
Third stage - the council makes a decision on your application
- The council considers and reports on your application.
- A hearing may be held.
- The council then decides on your application.
- Appeals can be made.
