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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:

“Decisions on resource consent applications must be in writing and explain the reasons”

When you apply for a resource consent, the decision will be in writing. The decision will state the reasons for it and the laws that were considered. It will also mention any national environmental standards, national policy statements, or regional policy statements that were thought about.

If your application is notified, the decision will include more details, such as the main issues that were argued about and a summary of the evidence that was heard. It will also state the main findings on the issues that were argued about. You can find more information about the effects of a resource consent in section 107(1)(c) to (g).

If a resource consent is granted for a shorter time than you asked for, the decision will explain why. The decision can refer to other documents, like the assessment of environmental effects, instead of repeating the information. If your application is not notified, the decision will still be in writing and will state 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.

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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).