Consents Management
Resource consent applications are processed through a number of stages including:
- Pre-application meetings
- Assessment of Environmental Effects
- Are the adverse effects minor or more than minor?
- Permitted Activity Baseline
- Obtaining the written approval of affected persons
- Application received by consent authority
- Pre-acceptance checks
- Administration Charges
- Incomplete applications
- Further information requested
- Site visits by council officers
- Decision made whether to notify application
- Notified and Limited notified Resource Consent Applications
- Special circumstances
- Submissions lodged
- Consultation
- Request for independent commissioner
- Pre-hearing meeting
- Purpose of the hearing’s/officer’s report
- Report writing
- The time frames and processes
- Decision made whether or not to hold hearing
- The rules in the plan or national environmental standard
- Hearing held
- Decision made
- Advice notes
- Conditions placed on a resource consent
- Financial contributions
- Bonds
- Consent notices
- Covenents/encumbrances
- Side/civil agreements
- Duration of consents
- Lapsing of consent
- Cancellation of consent
- Transfer of consents
- Objections to decisions
- Appeal lodged with Environment Court
- Consent Orders
- Power to extend time limits
- Monitoring and enforcing resource consent conditions
- Paying for monitoring
- Type and frequency of monitoring
- Monitoring of complaints
This diagram prepared by the Ministry for the Environment is a very generalised overview of the resource consent process. The diagram is intended to be indicative only and should not be relied upon. Direct reference should be made to the Resource Management Act and further expert advice sought if necessary.
-
Tip 1 : The case concept -
While it is tempting to launch in and start instructing experts once you have identified your project, this is an important time to step back and put in place a coherent plan to drive the consenting process. Actively drive your project rather than letting it drive you! The first key step is to put in place a case concept. The case concept identifies the main components of the project, scopes the potential effects and contents of the Assessment of Environmental Effects (“ARE”), tests fatal flaws and sets out the key legal elements. It should include a clear timeline to ensure the project team members know what they need to accomplish and by when to ensure your project is delivered on time.
-
Tip 2 : Engaging your experts -
New Zealand 0 a small market so it pays to engage your preferred experts early in the process. You do not need to brief any work out at this stage but rather simply confirm that the expert is willing to act on your behalf. You should also consider whether peer reviews are required. While the overuse of peer reviewers has been frowned upon by the Court in some cases, peer reviewers can provide useful evidence particularly when they can bring a new perspective to the primary evidence. Alternatively the role of the peer reviewer can be confined to a critique of the technical reports and evidence.
