Resource consent

A resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act (the "RMA"). Some activities may either be specifically authorised by the RMA [Sections 9 to 15 "Resource Management Act" 1991 (New Zealand)] or be permitted activities authorised by rules in plans. [Section 77B(1) "Resource Management Act" 1991 (New Zealand)] Any activities that are not permitted by the RMA, or by a rule in a plan, require a resource consent before they are carried out.

Definition and nature

The term resource consent is defined as;
* a permit to carry out an activity that would otherwise contravene a rule in a city or district plan.
* a permission required for an activity that might affect the environment, and that isn't allowed 'as of right' in the district or regional plan. [ [http://www.mfe.govt.nz/publications/rma/rma-guide-aug06/html/page11.html Appendix 4: Glossary of RMA Terms] Your Guide to the Resource Management Act, updated August 2006, Ref. ME7662, retrieved 2 January 2008.]

A resource consent, once granted to an applicant, is neither real nor personal property. [Section 122(1) "Resource Management Act" 1991 (New Zealand)] Therefore resource consents cannot be 'owned'; they are 'held' by 'consent holders'. [The "Resource Management Act" 1991 (New Zealand) specifically refers to 'consent holders'. See Sections 120(1)(a), 122, 124, 127, 128, 129, 130, 132, 136, and 138.]

Types

A 'resource consent' means any of the following: [Section 87 "Resource Management Act" 1991 (New Zealand)]
* land use consent (Section 9 and 13)
* subdivision consent (Section 11)
* water permit (Section 14)
* discharge permit (Section 15)
* coastal permit. (Section 12)

Plan classifications

Regional plans may give an activity that requires a resource consent one of five possible classifications; [Sections 77B(1) to 77B(7) "Resource Management Act" 1991 (New Zealand)]
* a controlled activity
* a restricted discretionary activity
* a discretionary activity
* a non-complying activity
* a prohibited activity, that cannot be either applied for or consent granted for.

Application process

Applications for resource consents are usually granted by the regional councils and territorial authorities acting as consent authorities. Any person may apply for a resource consent. [Section 88() "Resource Management Act" 1991 (New Zealand)] Applications must be in the prescribed form and include an assessment of environmental effects. [Section 88(2) "Resource Management Act" 1991 (New Zealand)] . The resource consent process is designed to enable environmental managers to consider environmental issues associated with particular proposals for resource use. [Birdsong, B. (1998) [http://www.fulbright.org.nz/voices/axford/docs/birdsongb.pdf Adjudicating Sustainability: The Environment Court and New Zealand's Resource Management Act] , Prepared by Bret Birdsong October 1998 copyright © Ian Axford (New Zealand) Fellowship in Public Policy, page 13.]

While this principle is commendable, there is a complexity of issues that surround assessing the effects on the environment of a consent application and the consideration of applications (e.g. social, cultural, and ecological considerations, significance of effects, the place of community values, the sufficiency of evidence and the onus of proof).

A resource consent may be granted with a set of conditions that need to be complied with in order to ensure minimal environmental effect. [Section 108) "Resource Management Act" 1991 (New Zealand)]

Appeals

Decisions on resource consent applications may be appealed [Section 120 "Resource Management Act" 1991 (New Zealand)] to the Environment Court, formerly the Planning Tribunal. Appeals are considered on a 'de novo' basis, where the Environment Court hears any evidence it requires and makes its own decision which replaces that of the local authority. [Birdsong, B. (1998), page 22.] Decisions of the Environment Court may only be appealed to the High Court of New Zealand on a point of law. [Section 299 "Resource Management Act" 1991 (New Zealand)]

tatistics

Of New Zealand's regional councils and unitary authorities, Canterbury Regional Council receives and processes the most applications for resource consents. In the year ended 30 June 2006, Canterbury Regional Cuncil processed 3,381 applications, more than double the number processed by any other consent authority. Environment Waikato had the next highest number; 1,384 applications in 2006). [ [http://www.mfe.govt.nz/publications/rma/annual-survey/2005-2006/full-report/table-appendix1.html, RMA Survey of Local Authorities: 2005/2006 survey] ,Ministry for the Environment, Ref. ME797, Appendix One.]

Criticism

One of the major complaints (mainly raised by corporations) regarding the resource consent process has been that submissions made in opposition against a project can be made by any entity, even if it is not affected. This has, in the opinion of the critics, caused the resource consent process to be used as an anti-competitive and anti-investment tool by which both individuals and other corporations can stop projects while appearing to act in the common interest. The true motivation of such submissions and associated appeals, it is alleged, is trade competition, a factor which is expressively not to be considered when testing the merits of a resource consent application. ["Mayor wants development objections limited" - "The New Zealand Herald", Thursday 21 February 2008]

References

External links

* [http://www.legislation.govt.nz/browse_vw.asp?content-set=pal_statutes New Zealand Government legislation] - Text of the Resource Management Act 1991 (under 'Statutes', expand 'R').
* [http://www.mfe.govt.nz/issues/resource/participation/consents/ Ministry for the Environment] - resource consent information.