What is consultation?
Consultation is a process of communicating with people or groups who may be interested in or affected by a proposal requiring resource consent. This section sets out the principles of consultation. You don't have to undertake consultation, but you must report on any consultation undertaken when you lodge the consent.
Why consult?
Public participation is one of the key principles underlying the RMA. We are affected every day by the actions and activities of our neighbours, and by those that use the same resources as us.
While there is no duty for you as an applicant to consult anyone about your application for resource consent under the RMA, it is often a good idea to do so. Consultation can help identify where further information may be required. You should talk to those people and parties that may be affected by, or interested in, your proposal, as it can speed up the process and mean less time and costs. Sometimes there is a duty under another Act to consult, and these duties must still be complied with.
However, the RMA does require people applying for resource consent to submit a record of and response to any consultation undertaken. The results of consultation can give decision-makers the information they need to make well-founded decisions. There are benefits for the applicant where consultation is concerned - these are outlined in the section on page 9, Benefits of consultation.
While you are not obliged to consult or get written approvals from affected parties, doing both will usually allow the smooth processing of your consent by the council. It can save you time and money. Discuss these potential benefits with the council while you're preparing your application.
Consultation principles
A number of principles that help define the meaning of good consultation have emerged from case law under the RMA:
- Early - consult as soon as possible when the details of your proposal are less 'set in concrete' and you have more flexibility to make changes to address issues raised by interested and affected persons.
- Transparent - be open about what you want to achieve, what scope you may have to change certain aspects of your proposal, and why there might be elements that you may not be able to change.
- Open mind - keep your views open to the response people may make and the benefits that might arise from consultation.
- Two-way process - consultation is intended as an exchange of information and requires both you and those consulted to put forward their points of view and to listen to and consider other perspectives.
- Not a means to an end - while consultation is not an open-ended, never-ending process, it should not be seen merely as an item on a list of things to do that should be crossed off as soon as possible.
- Ongoing - it may be that consultation - or at least ongoing communication - will continue after your application has been lodged or even after a decision has been made.
- Agreement not necessary - consultation does not mean that all parties have to agree to a proposal, although it is expected that all parties will make a genuine effort. While agreement may not be reached on all issues, points of difference will become clearer or more specific.
