Land Use Consents
Once Gulab has worked out that you need a resource consent, he will need to gather together the relevant information.
You can get an application form from the Council, Gulab can help you here.
Resource consent applications must contain, amongst other things, a description of the proposed activity and an assessment of effects on the environment.
The RMA outlines a few basic requirements :
- A description of the activity for which consent is sought and its location.
- An assessment of any actual or potential effects the activity may have on the environment, and the ways in which any adverse effects may be mitigated. Commonly known as an assessment of environmental effects, this is the most important component of the application. The Fourth Schedule of the RMA outlines the issues which should be covered in an assessment of environmental effects (AEE). Any information required to be included in the application by a plan or regulations. You can find this out from consent authority staff or from looking at the plans.
- Should also include a statement specifying all other resource consents you may require from any consent authority (and whether you have applied for such consents). This information enables consent authorities (if more than one is involved) to coordinate their activities and potentially deal with the applications as a package, thereby saving you time and money.
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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 (“AEE”), 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.
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Tip 2 : Engaging your experts -
New Zealand is 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.
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Tip 3 : Technical reports -
Remember that under the Code of Conduct for Expert Witnesses experts have an overriding duty to assist the Court impartially on relevant matters within the expert’s area of expertise. It is, for example, important to let the expert define the scope of the work they need to carry out. Under the Code of Conduct, experts undertake that they have considered all material facts known to them. Limiting the scope of their investigations may compromise their ability to give evidence. This is also the time to tie down a fee estimate with your expert and to agree timeframes.
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Tip 4 : Establish a relationship with the consent authority -
Early communication with the Council is vital. Establish a direct line of communication with a single contact person at the Council, but do not forget to seek input of all relevant departments at the Council as they can lodge submissions on your project or may have input into any pre-hearing report.
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Tip 5 : Preparing the application -
Think carefully about what you are applying for and how you describe those activities in the application form. Remember that while you can apply to vary a condition of consent, the description of the activity in theresource consent cannot be varied. The AEE is also important in setting the scope of the application. Any undertakings given in the AEE are likely to be binding. While the purpose of an AEE is to inform, not persuade, it should not be a “dump” of all technical information. The AEE should summarise the key technical reports that are annexed to the application. Submitting the draft AEE to the Council for comment can also assist in reducing or eliminating s92 requests.
