Processing your application

1. Initial assessment

A senior planner will check that your application is complete. If any information is missing, the application will be returned within 10 working days. If the application is complete, it will be allocated to a planner to process. The Council is required to process applications within 20 working days. However, if the processing planner requests further information, the “clock stops” until the information is provided. If your application is not notified, you should have a decision within 20 working days.

Read the Ministry for the Environment's guidelines on the resource consent process.

Section 92 Requests for Additional Information

Under Section 92 of the Resource Management Act, the Council may request additional information if it considers that the information provided in the application is insufficient to make a decision. This request will pause the processing of your application until the requested information is provided. The additional information may include:

• Further details about the potential environmental effects of the proposed activity.
• Additional technical reports or assessments, such as geotechnical reports, ecological surveys, or cultural impact assessments.
• Clarification or expansion of the information provided in the original application.

Responding promptly and thoroughly to a Section 92 request is crucial for ensuring that the processing of your application can proceed without unnecessary delays. For more details on Section 92 requests, you can refer to resources like the Ministry for the Environment's guidelines

2. Written approval from affected parties

In some cases, your resource consent application may require additional written approvals from affected parties beyond the initial submissions. These approvals are critical to ensure that all parties potentially impacted by your proposal have had an opportunity to review and consent to the project. Here are key steps and considerations for obtaining these additional approvals:

1. Identify Affected Parties
   • Neighbours and Adjacent Landowners: Identify all property owners and occupiers adjacent to your project site who might be affected by your proposal. This includes residential, commercial, and public landholders.
   • Mana Whenua and Iwi Authorities: Engage with local iwi and hapū to understand their views and seek their approval, particularly if your project affects culturally significant areas.
2. Consultation Process
   • Initial Contact: Reach out to the identified affected parties to inform them about your project and its potential impacts. This can be done through letters, emails, or face-to-face meetings.
   • Provide Information: Supply comprehensive details about your proposal, including site plans, environmental assessments, and any other relevant documentation. This helps the affected parties understand the scope and potential impacts of your project.
3. Obtaining Written Approvals
   • Written Approval Forms: Use the notice of notice of written approval form provided by the Council. Ensure that both the approval form and a copy of the application (including plans) are signed by the affected parties.
   • Unconditional Approvals: Written approvals must be unconditional. Any agreements made outside the formal written approval process are not considered by the Council.
   • Documentation: Keep a detailed record of all consultations and written approvals received. This documentation is crucial for demonstrating due diligence and compliance with Council requirements.
4. Special Considerations for Complex Projects
   • Large-Scale Developments: For projects with significant potential impacts, such as large subdivisions or industrial developments, more extensive consultation and a broader range of approvals may be required.
   • Environmental and Cultural Sensitivities: Projects affecting sensitive environmental areas or sites of cultural significance will require more thorough engagement and approvals from relevant stakeholders and authorities.
5. Submitting Approvals
   • Timely Submission: Ensure all written approvals are submitted with your resource consent application. Delays in obtaining and submitting these approvals can result in processing delays or rejections under Section 88 of the Resource Management Act.
   • Ongoing Communication: Maintain open lines of communication with the affected parties throughout the project lifecycle to address any emerging concerns and ensure continued compliance.

Read the Ministry for the Environment's guidelines on your rights as an affected party your rights as an affected party.

If you have any questions about either obtaining or providing written approval you can contact the Council’s Duty Planner.

3. Notified or non-notified

There are three ways in which resource consent applications can be processed – publicly notified, limited notified or non-notified. Applications are non-notified where the Council is satisfied that:

• any adverse effects that may result from the proposal are no more than minor; and
• any affected persons (usually neighbours) have agreed in writing to the proposal.

Most applications processed by the Council are non-notified.

Publicly notified

An application must be publicly notified if the council considers that the adverse effects of a proposal on the environment are likely to be more than minor. A publicly notified application is advertised on the council’s website and directly affected parties are served notice. Anyone can lodge submissions supporting or opposing a publicly notified application. Find out more about making a submission here.

Limited notified applications

An application must be limited notified when the adverse effects of the proposal are minor or more than minor and the affected parties have not given written approval. The council will serve notice to the affected parties. Only persons who are served notice may make a submission.

4. Resource consent hearings

A hearing is a formal meeting to consider notified resource consent applications where submissions have been received. An applicant can also request a hearing for a non-notified application, or a notified application where there are no submitters wanting to be heard. At FNDC, hearings are chaired by independent commissioners. For more information about appearing at a hearing, visit appearing at a hearing.

Pre-hearing meeting

A pre-hearing meeting is an optional informal meeting held prior to the hearing of a notified application. Pre-hearing meetings provide an opportunity for all parties to meet and discuss and clarify any points raised in the application or submissions, and clarify resource management issues. If agreement is reached between parties at a pre-hearing meeting, a more formal hearing may not be required.

The decision

Once the Hearings Panel or Commissioner has heard all the evidence, the hearing will be declared closed. A written decision will usually be sent to the applicant and submitters within 15 working days of the close of the hearing. In some cases, applicants and/or submitters may appeal the decision to the Environment Court. Appeals must be lodged with the Court within 15 working days of receipt of the notice of the decision. If you are thinking of lodging an appeal, we strongly recommend that you seek legal assistance in the preparation of your appeal to ensure that the correct procedure is followed.