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87I: When consent authority must determine application
or “When the organisation in charge must decide if you can do something with land or water”
You could also call this:

“You need to follow specific steps and provide required information when asking for permission to use resources.”

You can ask for a resource consent from the consent authority in your area. If you want, you can also ask to swap recreation reserve land at the same time, but only if the consent authority agrees and is in charge of the reserve.

When you apply, you need to use the right form and give all the information asked for. This includes details about what you want to do and how it might affect the environment. If you’re asking to do fish farming in coastal waters, you need to give a copy to the Ministry of Fisheries too.

The consent authority has 10 working days to check if your application is complete. If it’s not, they’ll send it back to you with a note explaining why. You can then fix it and send it in again, but it will be treated as a new application.

If you’re applying for something in an area where a group is asking for customary marine title, you need to let them know and write down what they think about it. If you don’t do this, your application won’t be complete.

If you’re not happy with how your application was handled, you can appeal the decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 88A: Description of type of activity to remain the same

or “The law says that once you apply for permission to do something, the type of permission you asked for stays the same even if rules change later.”
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Part 6 Resource 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).