Setting the scene: plans and consents
City, district and regional councils create district plans and regional plans to set out how they will manage the environment. These plans contain rules that control what people can do in the environment.
Regional plans tend to concentrate on particular parts of the environment, such as the coast, soil, a river or the air.
District plans contain the objectives, policies and rules a council will use to manage the use of land in its area.
Some activities can be done as of right, but others need permission from the local council. This permission is called a resource consent.
Every day, people ask their local council for resource consents to do something such as build a house or garage, subdivide their property, build a multi-storey apartment block, or take water from a stream. The person applying for resource consent is called the applicant.
Councils use the process set out in the RMA to decide whether to publicly notify a resource consent application. If an application is publicly notified, anybody can make written submissions either in support of, or in opposition to the application, or that is neutral and provides additional information to help the council in its decision-making. In some cases, the council may notify an application only to those people it believes are adversely affected. If so, only those people can make a submission. People who make submissions can also speak at a hearing held by the council if they indicate they wish to do so on the submission form.
Publicly notifying a resource consent application means the council advertises it in the paper, and calls for submissions. A council can also directly contact people who might be affected.
Sometimes a council wants to change or vary a district or regional plan to allow for development, or to protect the environment. They might even want to create a whole new plan or policy statement. Private individuals can also ask for a plan to be changed. Under the RMA, councils have to notify plan changes or variations or proposed new plans. This lets people make written submissions in the same way as for a resource consent or notice of requirement.
Written submissions
A written submission is a statement that explains why you support or oppose a resource consent application, notice of requirement, or proposed plan or plan change. Submissions can be neutral but should identify additional information you think the council should consider in making its decision. A submission also states whether you want to speak at a hearing if the council holds one.
For more information about making a submission see 'An Everyday Guide to the RMA' booklet 3.2 Making a Submission on a Resource Consent or 5.1 Making a Submission on a Proposed Plan or Plan Change.
For more information about designations see 'An Everyday Guide to the RMA' booklet 4.1 The Designation Process.
Councils usually prepare an officer's report about the application which is sent to all the submitters. This report may include recommendations, which the hearing committee can refer to in making its decision. This report constitutes evidence, like any other information presented at the hearing, and the hearing committee is not bound to follow the officer's recommendations, but can use them as a guide.
Make sure you state in your written submission if you want to speak at a council hearing. If you don't state in your written submission that you want to speak at the hearing, you may not be told that the hearing is on, and you may not be able to speak at the hearing.
