Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Application for resource consent

88: Making an application

You could also call this:

"How to apply for permission to use natural resources"

You can apply to the consent authority for a resource consent. You must fill out the application form and give them the information they need. This includes details about what you want to do and how it might affect the environment.

If you want to do something in a coastal area, you might need to give extra information to the Ministry of Fisheries. The consent authority will check your application to make sure it has all the necessary information. If it does not, they will send it back to you with a list of what you need to add.

You might be able to make a joint application for a resource consent and to exchange some recreation reserve land, but only if the consent authority agrees. In this case, you will need to follow the rules set out in section 15AA of the Reserves Act 1977.

If someone is applying for a resource consent in an area where a group is seeking customary marine title, they must notify the group and include their views in the application. This is set out in section 62A of the Marine and Coastal Area (Takutai Moana) Act 2011.

An applicant group is defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233858.

Topics:
Environment and resources > Town planningEnvironment and resources > ConservationMāori affairs > Māori land
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87I: When consent authority must determine application, or

"When the council must decide on your resource consent application"

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88A: Description of type of activity to remain the same, or

"Your resource consent application stays the same even if the rules change."

Part 6Resource consents
Application for resource consent

88Making an application

  1. A person may apply to the relevant consent authority for a resource consent.

  2. A person may make a joint application for a resource consent and an exchange of recreation reserve land under section 15AA of the Reserves Act 1977 if the relevant consent authority—

  3. is also the administering body in which the recreation reserve land is vested; and
    1. agrees that the applications may be made jointly.

      1. An application must—

      2. be made in the prescribed form and manner; and
        1. include the information relating to the activity, including an assessment of the activity’s effects on the environment, that is required by Schedule 4.

            1. An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry of Fisheries.

            2. A consent authority may, within 10 working days after an application was first lodged, determine that the application is incomplete if the application does not—

            3. include the information prescribed by regulations; or
              1. include the information required by subsection (2)(b).

                1. The consent authority must immediately return an incomplete application to the applicant, with written reasons for the determination.

                2. If, after an application has been returned as incomplete, that application is lodged again with the consent authority, that application is to be treated as a new application.

                3. Sections 357 to 358 apply to a determination that an application is incomplete.

                4. If a joint application is made under subsection (1A), the application to exchange recreation reserve land must be—

                5. processed, with the resource consent application, in accordance with sections 88 to 88F, 91(1) and (2), 91A to 92B, 95, 95A(2), and 96 to 103B; then
                  1. decided under section 15AA of the Reserves Act 1977.

                    1. If a person applies for a resource consent relating to an area where an applicant group seeks customary marine title,—

                    2. the person must comply with section 62A of the Marine and Coastal Area (Takutai Moana) Act 2011 (which requires the person to notify applicant groups, provide a list of the groups notified, and record their views); and
                      1. the application must be treated as incomplete if this is not done.

                        1. In this section, applicant group has the meaning given to it by section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011.

                        Notes
                        • Section 88: replaced, on , by section 37 of the Resource Management Amendment Act 2003 (2003 No 23).
                        • Section 88(1): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 88(1A): inserted, on , by section 188(5) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                        • Section 88(2): replaced, on , by section 92(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                        • Section 88(2)(b): replaced, on , by section 25(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                        • Section 88(2)(c): repealed, on , by section 25(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                        • Section 88(2A): inserted, on , by section 21 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                        • Section 88(3): replaced, on , by section 92(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                        • Section 88(3)(b): replaced, on , by section 136(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                        • Section 88(3)(b): amended, on , by section 25(2) of the Resource Management Amendment Act 2020 (2020 No 30).
                        • Section 88(3A): inserted, on , by section 92(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                        • Section 88(4): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 88(5): amended, on , by section 50 of the Resource Management Amendment Act 2005 (2005 No 87).
                        • Section 88(6): inserted, on , by section 188(6) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                        • Section 88(7): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                        • Section 88(8): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).