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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:

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:

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.

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Forms and checklists

Example: Checklist for issuing a resource consent (MS Word, 31 KB)

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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.

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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.

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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.