Notification and submission process
Learn about the different types of notification, how to make a submission on a notified consent, and what is involved in the hearing process.
The RMA sets out a specific order we must take the application through to determine the type of notification appropriate for that application (see page 2 of this Ministry for Environment’s guide to the RMA consent process), as follows:
- We can look at both localised adverse effects and those that impact the wider environment
- We can't take into account positive effects
- We can look at the magnitude of effects, based on the plan provisions and s95 of the RMA
- We can't take into account the race, gender or economic position of the applicant.
Types of notification
There are three types of notification:
Non-notified
An application will usually be non-notified if adverse effects on both the environment and people are less than minor.
This means that the environmental effects are deemed acceptable, and no parties are considered affected OR written approval has been provided by all those people adversely affected.
These applications are required to be processed within 20 working days.
Limited notification
An application will be limited notified if adverse effects on the environment or people are minor or more than minor.
It will then be open for submissions from specifically affected persons only.
The timeline is:
- 20 working days to notify
- 20 working days submission period
- 45 working days to complete the hearing
- 15 working days for a decision to be issued.
Public notification
An application will be publicly notified if adverse effects on the environment are more than minor. Anyone can submit on a publicly notified application.
The applicant can also request public notification OR it may be required under Section 95C of the RMA.
The timeline is:
- 20 working days to notify
- 20 working days submission period
- 75 working days to complete the hearing
- 15 working days for a decision to be issued
How to make a submission
If a resource consent application has been publicly notified, or you are an affected party to a limited notified application, you can make a submission with your views on the application.
Before you make a submission
If you are thinking about whether to make a submission on a resource consent application, we recommend you do the following:
-
read the resource consent proposal
-
review the Assessment of Environmental Effects (AEE), plans and/or drawings
-
discuss the matter with our staff or planning consultants if there is anything that is unclear
-
check district and regional plans, if relevant
-
consider talking with the applicant, if you haven’t already
-
think carefully about the effect of the activity on you and the environment.
Making a submission
When a resource consent application is publicly notified, you have 20 days to make a submission. A submission is the way we and the applicant can take any views, comments or concerns about the resource consent application into account.
Submissions can:
- support the application
- oppose the application
- support or oppose parts of the application
- neither support nor oppose (be neutral).
If others feel the same way as you about the application, you could consider making a joint submission (for example by forming a community group and appointing a spokesperson). Make sure you clearly identify a contact person for the submission.
When making a submission, you also need to indicate whether you wish to be heard to support your submission. This means you wish to speak to your submission at a hearing.
All submissions will be considered by a decision-maker regardless of whether you wish to be heard.
Submission forms will be made available at the time of notification. You can either:
- use our online submission form
- download and fill out a paper copy, email it to hearings@ecan.govt.nz
- write your submission and post it to: Environment Canterbury, PO Box 345, Christchurch 8140.
View all publicly notified consent applications.
What to include in your submission
-
focus on the environmental effects, positive or negative
-
be specific about your concerns and how you want them addressed
-
tell us clearly what you want or any conditions you are seeking on the consent
-
indicate whether you want to speak at a hearing.
What to leave out of your submission
-
personal feelings about the applicant
-
other applications
-
issues that relate to trade competition.
Hearing process
A hearing will take place for publicly notified or limited notified consent if any of the following situations occur:
- submitters wish to be heard
- consent applicant requests a hearing
- we consider it necessary.
If a hearing is held, we will appoint a hearing commissioner(s) to make a decision on the resource consent application or applications. Hearings involving commissioners comply with the principles of fairness and justice. Hearing commissioners are independent decision-makers that must hold a certification under the making good decisions programme .
Pre-hearing meetings
Once submissions are received, a pre-hearing meeting can take place at the request of the applicant, submitter or us. Attendees could be:
- the applicant
- our staff
- submitters
- any other persons considered appropriate.
A pre-hearing meeting is intended to clarify or facilitate resolution of any matter or issue associated with an application and may reduce the time and cost associated with a hearing. Submitters may also withdraw their submission so a hearing is not required.
Appointment of hearing commissioners
Our Regulation Hearing Committee (RHC) appoints hearing committees and commissioners in relation to consent authority matters under the Resource Management Act 1991. The RHC will decide the most appropriate decision-maker for a particular consent matter.
Download and read our full hearing policy (PDF file, 62.55KB) for more information.