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The Resource Management Act 1991 regulates
the use, development and protection of resources in New Zealand.
The purpose of the RMA is the sustainable management of natural and
physical resource. Pursuant to the RMA, Central Government and local
authorities are empowered to guide and regulate resource use.
Who does what?
Responsibility for resource use and
protection is divided up as follows:
- District and City Councils (eg:
Hamilton City Council or Waipa District Council)
- Responsible for land use and subdivision.
- Prepare District Plans and issue land use and subdivision consents.
- Regional Councils (eg:
Environment Waikato)
-
Responsible for the water, discharges and the coastal marine area
in a partnership with the Department of Conservation.
-
Prepare Regional Plans and issue water, discharge and coastal
permits.
Status of Activity
To determine the status of a particular activity, the relevant
District/City and/or Regional Plan should be consulted as to whether the
activity is permitted, controlled, discretionary, non complying or
prohibited.
If an activity is permitted and the activity complies with the all
relevant standards and conditions, then no resource consent is required.
However if the activity falls into one of the other categories of
controlled, discretionary or non complying then a resource consent
application is required. Resource consent may not be obtained in respect
of a prohibited activity. Where the activity is prohibited or unlikely
to obtain resource consent then consideration may be given to an
application for a plan change.
Applications for resource consent
Once it is determined that a particular activity requires consent, then
an application must be prepared in the required form, with an Assessment
of Environmental Effects attached. The application must be then filed
with the authority responsible for the resource. In instances such as
intensive chicken farming, or quarrying, which may involve multiple
resource use, it may be necessary to file applications with both the
Regional and District councils.
Notification
Resource consent applications require public notification unless they
fall within the exceptions contained in s.94 of the Resource Management
Act. These exceptions generally relate to obtaining the consents of
affected parties, and proving that the adverse effects on the
environment are minor. The relevant plan/s will contain guidance in
respect of notification. The decision in respect of notification rests
with the Council officer responsible for processing the resource
consent. The consequences of public notification are that the public is
advised of the contents of an application, and any person may lodge a
submission in opposition or support of the application.
If the Council determines that notification may be dispensed with, then
the application is usually considered by Council without the need for a
hearing. However in respect of a notified application, a hearing will
generally be convened by Council to hear all affected parties. Following
the hearing, the council will issue a decision by which the consent will
either be granted with conditions attached, or declined. Any party to
the proceedings is entitled to appeal the decision to the Environment
Court.
In the 1999/00 financial year, 52,933 resource consents were applied
for. Of those 5% were notified, and less than 1% of all resource
consents were declined.
Please
refer to our
disclaimer.
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