Issuing a resource consent
Abstract
This guidance note provides good practice advice on issuing a resource consent.
Guidance note
Sign-off of consent: Quality assurance
Before a resource consent is signed-off by a council and issued, it is good practice to carry out checks to ensure each step of the consent process has been completed correctly and that the file is complete.
It is helpful to have a list of the quality assurance matters to be completed. This list could include checking that:
- the applicant's contact details are correct
- if the applicant is a company, evidence that the Companies Office Register was checked to ensure the company is registered
- the property data is correct
- the details of the consent are correct (ie, the proposal, activity status, relevant rules)
- the approved plans are stamped/marked 'approved ' to distinguish them from other versions of the plans
- any outdated plans on file have been stamped/marked as 'superseded '
- all relevant information is logged into the council database
- appropriate delegations have been used
- the statutory timeframes are recorded:
- date lodged and that it matches date stamp on application
- date of any s92 requests, their responses and a note as to whether the processing 'clock ' was stopped
- date notified
- date any request for direct referral received and the subsequent steps in the process
- date consent granted/declined, commencement date, and lapse date
- statutory procedures have been followed:
- written approvals - all necessary approvals obtained correctly
- notification decision made correctly (and s95A to 95F report on file)
- notification undertaken correctly
- direct referral processes - including decision on a request for direct referral and the preparation of a report for the Environment Court
- pre-hearing meetings recorded and circulated
- mediation meetings recorded
- submissions receipted
- evidence provided before the hearing
- s37 time extensions recorded correctly, including details of the special circumstances leading to the extension, and/or the agreement of the applicant in writing under ss37A(4) or 37A(5)
- decision information recorded
- compliance monitoring:
- inspection requirements set up
- monitoring officer assigned
- self-monitoring requirements set up if appropriate.
It is good practice to prepare a checklist that lists the quality assurance matters to be covered off when issuing the resource consent, which can be included in the file.
Example: Checklist for issuing a resource consent (MS Word, 31 KB)
It is also good practice to prepare a standard notice of decision template to provide consistency and minimise the risk of errors.
The notice of decision template for a notified application should include the following:
- the reasons for the decision
- the relevant provisions of all statutory documents considered
- a summary of the evidence heard
- the main findings on the principal issues that were in contention
- the date the consent was granted/declined
- date of commencement of consent and, if appropriate, date of expiry of consent. If a consent is granted for a shorter duration than specified in the application, the reasons for deciding on the shorter duration should be explained.
- information regarding rights of appeal and/or objection, including the timeframe for appealing and/or objecting to the decision
Instead of repeating material the decision may adopt and/or cross-reference all or part of the assessment of effects provided by the applicant, or any report prepared under ss41C, 42A or 92 (s113(3)).
Non-notified decisions need only state the reasons for the decision (s113(4)). However the date the consent was granted/declined, the date of commencement and expiry (where applicable), and information regarding rights of objection, should also be provided.
Section 133A enables an amended decision to be issued to correct minor mistakes or defects in the original decision within 15 working days of the granting of consent.
To help others referring to the file in the future, ensure all details of the approved proposal and plans, including the consent decision, are held together on file.
Forms and checklists
Example: Checklist for issuing a resource consent (MS Word, 31 KB)
Relevant publications
Getting in On the Act
Published by Ministry for the Environment - June 2006
A short and simple guide on how the RMA works and how it might affect users.
Your Guide to the Resource Management Act: An essential reference for people affected by or interested in the RMA
Published by Ministry for the Environment - August 2006
This guide presents a simple explanation of the RMA legislation, the processes it has established, and how people can use it to pursue their interests.
Current challenges in practice
Meeting deadlines for issuing resource consents
The RMA requires that for non-notified resource consent applications, decisions must be released within 20 working days of the receipt of the application, or for an application that has gone to a hearing, within 15 working days after the close of the hearing (s115(2)). In situations where the timeframes are tight, the chances of overlooking some details necessary for issuing resource consent are increased. The use of a checklist to ensure all processes and procedures have been followed, before issuing of resource consent, would assist. It also assists if provision is made in this checklist for a senior staff member to sign-off or verify that the matters in the checklist have been addressed.
The issue of meeting deadlines has become increasingly important since the introduction of the requirement for a discount policy under s36AA. Councils will need to give a discount on the processing fees of a consent if they are found to be at fault for not processing the consent within the timeframes set out in the RMA. See the Ministry for the Environments website for more details on the discount policy regulations.
This guidance note was updated in May 2009 by MfE; minor amendments were made to reflect RMAA 2009 in October 2009 by Rebecca Scannell of Hill Young Cooper.
