Working day means any day except
a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereigns birthday, and Waitangi Day; and
a day in the period beginning on 20 December in any year and ending with 10 January in the following year.
A resource consent is essentially the planning permission of the Council to undertake an activity that is not specifically permitted by District Plan. Resource consents are administered under the Resource Management Act 1991 (RMA), while Building Consents are administered under the Building Act 2004. While the Building Act is concerned with the functional requirements of buildings and other structures, the RMA is concerned with sustainable management, such as effects on your neighbours and the surrounding area. It is common to obtain both resource consent and a building consent for a project.
Section 36 of the Resource Management Act 1991 (RMA) enables councils to charge applicants for receiving, processing and granting consents; and consent holders for administering, monitoring and supervising consents.
There are four key terms that need to be defined at the outset of this guidance note:
Fixed charges: These are charges that cover the total cost of an application or compliance monitoring activity and which are levied at the start of the process. Fixed charges are not supplemented by additional actual and reasonable charges once the consent or compliance monitoring process is complete. Fixed charges are deemed to be ‘actual’ charges which are not subject to the rights of objection and appeal (s357B to s358).
Fixed initial deposit charges: These are charges levied at the start of the application process (or preceding a compliance monitoring activity). Fixed initial deposit charges are supplemented by additional actual and reasonable charges once the consent process is complete. Fixed initial deposit charges are not subject to the rights of objection and appeal (s357B to s358), but they need to be developed using the public consultative procedure set out in s83 of the Local Government Act 2002 (LGA).
Additional charges: These are actual and reasonable costs that are charged at the end of the consent application process (or completed compliance monitoring activity) under s36(3) that recover the council’s full costs, less the fixed initial deposit charge already paid. Additional charges are subject to the rights of objection and appeal (s357B to s358).
Occasioned: The term ‘occasioned’ as used in s36(4)(b)(ii) of the RMA is taken to mean that it created a cause or reason to do something.
An initial deposit is required at the time of lodging any resource consent application. The deposit is not generally expected to cover the full cost of processing the application. Resource consent processing is on a user pays basis. For notified applications further deposits are payable at the time of notification and prior to a hearing date being set.
The Council has a maximum of 20 working days to process a non-notified resource consent application, excluding time where further information or the written approval of affected parties is sought. The time taken to process each individual application varies; however a decision is often issued in well under 20 working days.
Publicly Notified and Limited Notified resource consents have a longer processing period – up to 70 working days.
This is recognition from Council that your activity can take place without consent. RMA provides that a council, on request, must issue a CoC if the activity can be done lawfully on the site without resource consent and the council fee is paid.
Information requirements for CoCs are rigorous and the onus rests on an applicant to provide the council with full information to demonstrate a CoC can be issued. If any element of non-compliance is identified, then a CoC cannot be issued. Gulab can assist you here if you wish to apply for a CoC.
This means they would like you to approve of their proposal. If you elect to provide your written approval, you essentially agree to any effects that the proposal may result. The Planner processing your application will need to disregard you from their assessment. Before providing your written approval you should understand the full extent of what is proposed and the likely impact on you. Contact Gulab for help.
Rules relating to the bulk and location of buildings are located in the District Plan and District Plan Changes. You also need to carefully check through any documents that are registered on your certificate of title, including consent notices and covenants as these often contain additional requirements. Gulab can assist in this regard.
Conditions are placed on your consent activity to protect the natural and physical environment for current and future users. It is your responsibility to adhere to the conditions placed on your consent activity. They are designed to avoid or mitigate any negative environmental effects resulting from your activity.
The ‘term of consent’ (the life of your consent once implemented) varies depending on the type of consent it is. The term of some consents are unlimited. If your consent has a limited term, this will be specified in your consent.
If you have a limited term consent, you may apply to replace your consent no less than six months before the expiry date. In this case you can continue to operate under the conditions of the original consent until your application to replace the consent is decided.