What happens next
Once the council has received all the submissions, council officers will usually prepare a report that includes:
- a summary of submissions and of the decisions submitters want
- recommendations about the application.
Before the hearing, the report is sent out to everyone who made a submission, and to the councillors or commissioners who will consider the application. The council doesn't have to accept the recommendations made by the council officers, but it does use them to guide its decisions.
Sometimes the council holds a hearing so both the applicant and submitters can talk about what they want, present evidence that supports their requests, and answer any questions. The council must hold a hearing if one is requested by the applicant. Submitters should only request to be heard at a hearing if they wish to speak to their submission, as a hearing is time-consuming and expensive for the applicant.
You can attend a hearing as an observer whether you made a written submission or not. You can't speak if you have not made a submission.
The hearing has a hearing committee made up of councillors or independent commissioners who hear all the evidence and arguments.
Procedures vary among councils, but a hearing is usually held within 25 working days of the closing date of submissions. If you've made a submission, you'll get at least 10 days notice of the time, date and place.
If a hearing isn't held, the council makes its decision based on the application, the written submissions, and the council officer's report.
For more information see 'An Everyday Guide to the RMA' booklet 3.3 Appearing at a Resource Consent Hearing.
Sometimes the council, at the request of the applicant and/or submitters, or on its own initiative, will hold a pre-hearing meeting before the hearing itself. At a pre-hearing meeting, the applicant and the submitters can exchange ideas and give each other feedback.
Sometimes solutions to problems can be discussed, and sometimes the applicant and submitters can reach agreement, so a hearing won't be needed. Even if all the issues aren't resolved, a pre-hearing meeting often saves time at the hearing itself and can even avoid the need for a hearing altogether. The chairperson of the pre-hearing meeting will prepare a report which will be considered at the hearing.
You can be invited or required to attend a pre-hearing meeting. If you are required to attend a pre-hearing meeting, and don't, the council may refuse to consider your submission if you do not have a reasonable excuse for not turning up.
The decision
The council will make a decision about the resource consent application. The council must make its decision within 15 working days of a hearing closing (or, if a hearing isn't held, within 20 working days of submissions closing).
For a notice of requirement for a designation, the council makes a recommendation about a notice of requirement for a designation and the requiring authority must then decide whether to accept or reject the council's recommendation within 30 working days of receiving it. For more information about designations see 'An Everyday Guide to the RMA' booklet 4.1 The Designation Process.
If you made a submission then you'll get a letter from the council telling you about the decision.
If you are unhappy with the decision, you can lodge an appeal with the Environment Court. The Environment Court Judges and Commissioners must have regard to the decision that is being appealed and can take evidence as read. The Court will then confirm or overturn the decision.
If you're thinking of appealing a decision, get professional advice before acting. A lawyer or other resource management professional should be able to tell you if you are likely to be successful. Appeals are often complex, expensive and take time. They need to be well thought through. Getting professional advice early can save you significant time and costs later.
If you decide to appeal, you must lodge your appeal with the Environment Court within 15 working days of receiving the council's or requiring authority's decision. For more information see 'An Everyday Guide to the RMA' booklet 6.2 You, Mediation and the Environment Court.
If no one appeals against the council's decision, the resource consent is granted or declined in line with that decision. For designations, if the requiring authority decides to proceed with the designation and if no one appeals the requiring authority's decision, the designation is put into the district plan. If appeals are lodged with the Environment Court, the consent or designation can't take effect until those appeals have been resolved.
Making a submission is a key way to get involved with council decisions under the RMA. If you're thinking about making a submission make sure you're well informed, and that your submission gets to the point and sticks to the relevant facts.
Ask the council for help if you need to - the RMA aims to achieve a better environment by getting councils and communities working together.
