For both Subdivision and Landuse Consents the Resource Management Act 1991 provides for different levels of notification or in other words public participation. There are three types of notification for resource consents:

• Non notified
• Limited notified
• Publicly notified

When processing a consent Council staff prepare a notification decision recommending which level of notification they believe the particular application should have. This notified decision is then signed off under delegated authority.

Non-Notified Applications

If your proposal is considered under the notification decision and:

• any adverse effects on the environment will be minor;
• you are able to get the written approval of anyone who the Council considers may be adversely affected by your proposal;
• there are no special circumstances;
• the applicant (you) does not request the application to be publically notified;
• there is no rule or national environmental standard that requires public notification; and
• there is no rule or national environmental standard that precludes public notification

then there is a good chance that the application can be dealt with as a non-notified consent.

The decision on a non-notified application is usually made by staff under delegated authority.

Limited Notified Applications

If you are unable to get the written consent of all those who may be affected by your proposal as identified in the notification decision, and the adverse effects are no more than minor, your proposal must be limited notified.

This means that only the parties that haven't provided written approval and are deemed potentially affected by your proposal are notified, inviting submissions. Unfortunately this process can be time-consuming and more expensive.

If Council has received submissions during the notification period in most cases the decision on a notified consent application must be made by a Hearings Commission. In making a determination the Hearings Commission take into account all submissions for and against the proposal, and the recommendation of Council’s Planner.

The decision of the Hearings Commission can be appealed to the Environment Court, by either the applicant or any of the submitters.

Prior to the Hearing, pre-hearing meetings are often called to facilitate discussion, negotiation and mediation between the interested parties. In some cases applications can be settled by agreement without the need for a formal Hearing.

Publicly Notified Applications

If:

• the effects on the environment of your application are deemed to be more than minor;
• the consent authority (Council) believes it is necessary;
• the applicant (you) requests publie notification of the application;
• a rule or national environmental standard requires public notification of the application; or
• there are special circumstances

then your proposal must be publicly notified.

This means that a notification process, inviting submissions from interested parties, is unavoidable. Unfortunately this process can be time-consuming and more expensive.

If Council has received submissions during the notification period in most cases the decision on a notified consent application must be made by a Hearings Commission. In making a determination the Hearings Commission take into account all submissions for and against the proposal, and the recommendation of Council’s Planner and relevant experts.

The decision of the Hearings Commission can be appealed to the Environment Court, by either the applicant or any of the submitters.

Prior to the Hearing, pre-hearing meetings are often called to facilitate discussion, negotiation and mediation between the interested parties. In some cases applications can be settled by agreement without the need for a formal Hearing.