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Resource Management Act 1991

Resource consents - Decisions on applications relating to non-aquaculture activities

113: Decisions on applications to be in writing, etc

You could also call this:

“When people ask for permission to do things that affect the environment, the answer must be written down and explain why.”

When someone applies for a resource consent that is notified, the decision must be written down. The decision needs to explain why it was made and what laws were looked at. It also needs to say what important documents were considered, like national environmental standards or policy statements. The decision must talk about the main issues that were discussed, give a summary of what people said, and explain the most important findings. If the consent is given for less time than asked for, the decision must say why.

If the resource consent might cause certain bad effects on the environment, the decision must explain why it was still given.

The written decision can refer to other documents instead of repeating everything. It can point to the applicant’s assessment of environmental effects or reports made about the application.

For resource consent applications that are not notified, the decision still needs to be written down and explain the reasons for it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234856.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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112: Obligation to pay rent and royalties deemed condition of consent, or

“If you get permission to use certain resources from the coast or use geothermal energy, you must pay rent or fees to the council.”

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114: Notification, or

“ This law explains how people are told about decisions on resource consent applications. ”

Part 6 Resource consents
Decisions on applications relating to non-aquaculture activities

113Decisions on applications to be in writing, etc

  1. Every decision on an application for a resource consent that is notified shall be in writing and state—

  2. the reasons for the decision; and
    1. the relevant statutory provisions that were considered by the consent authority; and
      1. any relevant provisions of the following that were considered by the consent authority:
        1. a national environmental standard:
          1. a national policy statement:
            1. a New Zealand coastal policy statement:
              1. a regional policy statement:
                1. a proposed regional policy statement:
                  1. a plan:
                    1. a proposed plan; and
                    2. the principal issues that were in contention; and
                      1. a summary of the evidence heard; and
                        1. the main findings on the principal issues that were in contention; and
                          1. in a case where a resource consent is granted for a shorter duration than specified in the application, the reasons for deciding on the shorter duration.

                            1. Without limiting subsection (1), in a case where a resource consent is granted which, when exercised, is likely to allow any of the effects described in section 107(1)(c) to (g), the consent authority shall include in its decision the reasons for granting the consent.

                            2. A decision prepared under subsection (1) may,—

                            3. instead of repeating material, cross-refer to all or a part of—
                              1. the assessment of environmental effects provided by the applicant concerned:
                                1. any report prepared under section 41C, 42A, or 92; or
                                2. adopt all or a part of the assessment or report, and cross-refer to the material accordingly.

                                  1. Every decision on an application for a resource consent that is not notified must be in writing and state the reasons for the decision.

                                  Notes
                                  • Section 113(1): amended, on , by section 86(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                  • Section 113(1)(aa): inserted, on , by section 62 of the Resource Management Amendment Act 2005 (2005 No 87).
                                  • Section 113(1)(ab): inserted, on , by section 62 of the Resource Management Amendment Act 2005 (2005 No 87).
                                  • Section 113(1)(ab)(i): replaced, on , by section 86(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                  • Section 113(1)(ab)(ia): inserted, on , by section 86(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                  • Section 113(1)(ac): inserted, on , by section 62 of the Resource Management Amendment Act 2005 (2005 No 87).
                                  • Section 113(1)(ad): inserted, on , by section 62 of the Resource Management Amendment Act 2005 (2005 No 87).
                                  • Section 113(1)(ae): inserted, on , by section 62 of the Resource Management Amendment Act 2005 (2005 No 87).
                                  • Section 113(1)(ae): amended, on , by section 86(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                  • Section 113(2): inserted, on , by section 62 of the Resource Management Amendment Act 1993 (1993 No 65).
                                  • Section 113(3): inserted, on , by section 86(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                  • Section 113(4): inserted, on , by section 86(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).