Applying for a resource consent

Lodging the application

Applications may be lodged with Environment Canterbury by hand, post or fax to any of our three main offices in Kaikoura, Christchurch or Timaru.

Environment Canterbury operates a user-pays policy for resource consents and has set a scale of fixed charges for processing applications.  Applications must be accompanied by the appropriate preliminary fixed charge.

Processing applications for resource consent

The following is a brief outline of the process Environment Canterbury follows in receiving, processing and determining applications for resource consents.  It is not intended to be a complete description of the entire process.

Receipting applications

When an application is first received by Environment Canterbury, it's checked to ensure the information required under section 88 of the RMA has been included and the appropriate preliminary fixed charge has been paid. If an application is deficient, applicants will be contacted and asked to provide the necessary information or payment. Until this is received, the application cannot be processed.

Depending on the type of resource consent sought, copies of the application may be distributed to other authorities: 

• Applications for coastal permits are forwarded to the Department of Conservation 
• Applications for structures in the coastal marine area are forwarded to the Maritime Safety Authority 
• Applications for marine farms in the coastal marine area are forwarded to the Minister of Fisheries 
• Applications for activities within Statutory Acknowledgement Areas are forwarded to Te Runanga O Ngai Tahu

These authorities may report back to Environment Canterbury on any matter they consider relevant and are taken into account when making a decision on the application.

A summary of the application will also be forwarded to the appropriate runanga (local representatives of Maori groups) who will identify any concerns of tangata whenua.

Assessment of applications

Once receipted, the application is forwarded to a Consents Investigating Officer for assessment. The criteria for the assessment is set out in sections 104 and 367 of the RMA and falls under four headings:

Does the proposal conflict with any policies, plans, conservation orders and regulations?
Does the proposal conflict with anything set out in Part II of the Act relating to sustainability, matters of national importance, the principles of the Treaty of Waitangi, and a range of other matters including efficient use of natural resources, protection of wildlife habitat, traditional Maori values, heritage sites and areas, and maintenance and enhancement of the environment?
What effects, positive and negative, will the proposed activity have on the environment?
What alternatives have been considered, particularly relating to applications to discharge contaminants to the environment?
As a result of this assessment, the investigating officer may:

• Request further information from the applicant if this is necessary to better understand the nature of the activity and what effects this may have on the environment. The processing of the application will cease until the information is received.
• Recommend that the application need not be publicly notified and should be granted with appropriate conditions. To recommend non-notification, the officer needs to be satisfied:
  • that the adverse effects on the environment from the activity will be minor, and
  • there are no adversely affected persons, or those persons who are adversely affected have given their written approval.
• decide the application needs to be publicly notified.
   

Decisions on non-notified applications

If the investigating officer recommends the application be processed as non-notified, they will prepare a report on the application. The report will detail their assessment of the application, and will recommend appropriate conditions, a duration and a monitoring programme for the consent.

Applicants are advised of the council's decision in writing. The decision will include:

• the reasons for the decision
• the terms and conditions of the consent
• the duration of the consent.

Applicants who are not satisfied with the decision may lodge an objection with the council.  Applicants may also appeal the decision on their application, or any decision on an objection, to the Environment Court. The court will give its own decision and is binding on all parties. 

Publicly notifying applications

If the application cannot meet the criteria for non-notification, the application must be publicly notified. The public notification process involves:

• notifying the application in the Public Notices or Resource Management sections of the local newspaper.
• serving notice in writing of the application on:
  • the owners and occupiers of the site to which the application relates;
  • any persons the council considers may be directly affected by the activity;
  • any other person the council considers relevant.
• displaying a notice of the application in a conspicuous place on the site to which the application relates.
• any person can make a submission on the application. The period for submissions is normally 20 working days.

Pre-hearing meetings

If there are submitters who wish to be heard in support of their submissions, the council is required to hold a hearing on the application.  However, there is provision under the RMA to hold a pre-hearing meeting. This is an informal meeting between the applicant and any submitters who wish to be heard to try and reach an agreement between the parties. If an agreement is reached and the submitters agree to withdraw their right to be heard, a hearing on the application is no longer required.