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Resource Management Act 1991

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

114: Notification

You could also call this:

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

When a decision is made about a resource consent application, you need to be told about it. The consent authority must give you a copy of the decision if you’re the applicant. They also need to tell you how long you have to appeal the decision.

If you made a submission about the application, or if the consent authority thinks you should know, they’ll send you a notice about the decision. This notice will also tell you how long you have to appeal.

Sometimes, the consent authority might just send a summary of the decision. If they do this, they must:

  • Make the full decision available at their offices and public libraries
  • Tell you where you can find the full decision
  • Send you a copy of the full decision within 3 working days if you ask for it

For some special types of applications, like those involving fishing or aquaculture, the consent authority has to do extra things. They need to send the decision to the Ministry of Fisheries and tell you that you might need to wait for another decision before you can start your activity.

If your application is about changing an existing consent, or if it’s related to a recreation reserve, there are some other special rules. The consent authority will explain these to you if they apply to your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234859.

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

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“This law sets deadlines for telling people about decisions on their requests to use resources.”

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

114Notification

  1. A consent authority must ensure that a copy of a decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on the applicant.

  2. A consent authority must ensure that a notice of decision on an application for a resource consent and a statement of the time within which an appeal against the decision may be lodged is served on—

  3. persons who made a submission; and
    1. other persons and authorities that it considers appropriate.

      1. If the consent authority serves a notice summarising a decision, it must—

      2. make a copy of the decision available (whether physically or by electronic means) at all its offices and all public libraries in the district (if the consent authority is a territorial authority) or region (in all other cases); and
        1. include with the notice a statement of the places where a copy of the decision is available; and
          1. send or provide, on request, a copy of the decision within 3 working days after the request is received.

            1. If the decision is to grant an application that section 107F applies to, the consent authority must—

            2. send a copy of the decision, and any notice served under subsection (2), to the chief executive of the Ministry of Fisheries:
              1. advise the applicant that—
                1. the decision is still subject to an aquaculture decision by the chief executive of the Ministry of Fisheries under the Fisheries Act 1996 (which will be made following the determination of all appeals against the decision, if any); and
                  1. the consent may commence only in accordance with section 116A:
                  2. if there is no appeal relating to the decision, or following completion of any such appeal,—
                    1. send a copy of the final decision to the chief executive of the Ministry of Fisheries; and
                      1. request an aquaculture decision from the chief executive under the Fisheries Act 1996.

                      2. If a consent authority forwards, at the same time, 2 or more decisions to the chief executive of the Ministry of Fisheries under subsection (4)(c), the consent authority must indicate to the chief executive the order in which the applications to which the decisions relate were received.

                      3. Subsection (4) does not apply if the decision relates to an application for a change or cancellation of the conditions of a consent under section 127, a review of the conditions of a consent initiated under section 132, or an application referred to in section 165ZH, if—

                      4. that consent had conditions specified under section 186H(3) of the Fisheries Act 1996; and
                        1. the conditions are contained in the consent the decision relates to, and continue to be specified as not being able to be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.

                          1. For the purpose of subsection (4), in the case of a concurrent application made under subpart 4 of Part 7A that is lodged with the EPA, the functions in—

                          2. paragraphs (a) and (b) of that subsection are to be performed by the EPA; and
                            1. paragraph (c) of that subsection are to be performed by the consent authority.

                              1. If a resource consent is subject to the grant of an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977, the consent authority must advise the applicant that—

                              2. the resource consent is subject to a decision by the administering body on the application to exchange the recreation reserve land; and
                                1. the decision on the exchange will be made under section 15AA of the Reserves Act 1977 after the time allowed for appeals against the decision to grant the resource consent has expired and any appeals have been determined; and
                                  1. the resource consent will not commence until the date determined under section 116B.

                                    Notes
                                    • Section 114: replaced, on , by section 48 of the Resource Management Amendment Act 2003 (2003 No 23).
                                    • Section 114(4): inserted, on , by section 27 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                    • Section 114(5): inserted, on , by section 27 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                    • Section 114(6): inserted, on , by section 27 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                    • Section 114(7): inserted, on , by section 27 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                    • Section 114(8): inserted, on , by section 188(8) of the Resource Legislation Amendment Act 2017 (2017 No 15).