Respond to a Resource Consent Application

In some cases, we will notify the public of a resource consent application by advertising it in local print media, installing a sign on the proposed site and publishing it on our website. When this happens, anybody can make a submission in response to the publicly notified application. We will consider all the submissions we receive, together with the application, and decide whether or not to grant the resource consent. 

Example of a publicly notified resource consent

Mel lives in a small town surrounded by dairy farms. Like everybody else, she knows that the dairy factory on the road out of town is planning to expand. For 60 years, the wastewater from the factory has been treated and then piped into a river that runs through the town and out to the coast. The river sometimes smells bad, and locals put that down to the discharge from the factory.

Mel reads a public notice on the factory site that says the factory has applied for resource consent from the regional council to increase the amount of waste going into the river. The council is asking anybody who's interested to make a submission by the end of August. Mel reviews the application at the council offices and then sends in her submission opposing the application because she thinks the extra discharge will make the odour problem worse. Mel expresses her disappointment that the application hasn't addressed the existing odour problem, and asks the factory to do so as well as look at additional treatment or other methods of disposing of its wastewater (such as spraying it on to land). Many others in the town make similar submissions.

In October, Mel attends a public hearing at the council offices. The factory representative explains that they have looked at other wastewater disposal options, but they're too expensive and the soil isn't suitable for land-based disposal. Mel and other submitters talk to the council about their submissions.

In November, the council releases its decision and Mel receives a copy of the decision by post in the mail. The council accepts that other disposal options wouldn't work but agrees with the submitters that the way in which the waste is treated needs to be improved. Council issues a resource consent for the project on the condition that the factory rebuilds its treatment plant to improve the quality of the discharge. The consent also says that the regional council will be monitoring the condition of the river and will require further work if the odour problem isn't fixed.

Mel is making a difference by speaking up. By getting involved, Mel and the other submitters have been able to impact on the way the factory treats its wastewater.

If you’re considered an ‘affected party’ to a resource consent, you may be asked to give your written approval to the applicant as part of their application, or be invited to have your say once the application has been submitted. If you don't give your approval, then the resource consent application will likely be publicly notified and you can make a submission to council.

Click here for a copy of the Affected Persons Form.

Example of giving approval on a resource consent

Jeff wants to build a big shed in his garden so that he can have his friends around for regular snooker games. He checks the District Plan and learns that he'll need to get a resource consent because the shed would be closer to the boundary than the plan allows. The district council planner tells him to get written consent from his immediate neighbours along that boundary as the planner thinks those people could be affected by the shed and deserve a say.

Jeff visits his next-door neighbour Noelene. He shows her drawings of the shed and points out where he wants it to go. Noelene's a little concerned that Jeff and his friends will be able to look into her property from the big window Jeff wants to include. Jeff reconsiders his plan and offers to move the window to the other side of the shed, so that it overlooks his own garden instead of Noelene's backyard.

Jeff shows Noelene the revised drawings, to which she agrees they are fine. She signs and dates the latest version of the plans to confirm she is happy with the proposal, and signs the form that Jeff got from the council.

By signing the revised drawing and Affected Persons Form, Noelene gives her approval for Jeff's shed. Jeff can then submit this approval to the council with his resource consent application.

Having a chat with your neighbours early on in the process helps. Jeff was able to get his shed and Noelene is also happy.

If you don't like the decision we have made about a resource consent application, you can ask the Environment Court to overturn Council's decision. The Environment Court is made up of judges and commissioners who will review the case. We recommend that you seek legal advice before you file an appeal to the Environment Court as the process can be expensive and time consuming. You might be able to resolve your case through mediation and not have to go to court.

Be aware though that only the applicant who made a submission on the resource consent application can appeal Council's decision, but there are other ways that you may be able to have your say in court even if you don't file the appeal:

• by appearing in court as someone who made a submission, 
• by appearing in court as someone who has an interest greater than the public generally, or
• in support of the person who filed the appeal.