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Fast-track Approvals Act 2024

Fast-track approvals process - Steps before lodging substantive application - Preliminary steps for application for resource consent

30: Identification of existing resource consent for same activity

You could also call this:

“Finding out if someone else already has permission for the same activity”

If you want to apply for a resource consent for a listed or referred project, and you don’t already have a resource consent for the same activity, you need to follow some steps.

First, you must tell the consent authority in writing about your plans before you apply. The consent authority is the group that looks after the area where you want to do your activity.

The consent authority will then tell you if anyone else already has a resource consent for the same activity. If someone does, the consent authority will let that person know about your plans.

The person who already has the resource consent can then choose to apply for a new one under the Resource Management Act, or they can apply for an approval under this new law if their activity is part of a listed or referred project.

You can’t apply for your resource consent until the consent authority tells you that either no one else has a consent for the same activity, or until they tell you what the person with the existing consent has decided to do.

If you want to go ahead with your application after getting this information, you need to do it within three months.

If there’s more than one person involved in your project, these rules apply slightly differently. Any one of you can tell the consent authority about your plans, but all of you need to agree before applying for the resource consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1015662.

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Part 2 Fast-track approvals process
Steps before lodging substantive application: Preliminary steps for application for resource consent

30Identification of existing resource consent for same activity

  1. This section applies if—

  2. a substantive application for a listed project or a referred project is to seek an approval described in section 42(4)(a) (resource consent); and
    1. the authorised person for the project does not hold an existing resource consent for the same activity using some or all of the same natural resource.

      1. Before lodging the substantive application, the authorised person must notify in writing each consent authority that has jurisdiction over an area where the approval would apply.

      2. A consent authority that receives the notice must, by written notice, advise the authorised person—

      3. of any existing resource consent to which section 124C(1)(c) or 165ZI of the Resource Management Act 1991 would apply if the approval were to be applied for as a resource consent under that Act; or
        1. that there are no existing resource consents of that kind.

          1. If there is an existing resource consent of the kind referred to in subsection (3)(a), the consent authority must notify the holder of the existing resource consent in writing that—

          2. the consent authority has received notice under this section; and
            1. the holder of the existing resource consent may—
              1. lodge an application for a resource consent under the Resource Management Act 1991 that is affected by section 124 or 165ZH of that Act; or
                1. if the existing resource consent relates to a listed project or referred project for which a substantive application has not been lodged, lodge a substantive application that seeks an approval described in section 42(4)(a) (resource consent) for the same activity as is authorised by the existing resource consent.

                2. The consent authority must notify the authorised person in writing if the holder of the existing resource consent—

                3. notifies the consent authority in writing that they do not propose to lodge an application described in subsection (4)(b); or
                  1. does or does not lodge an application described in that subsection more than 3 months before the expiry of the existing resource consent.

                    1. The authorised person—

                    2. must not lodge the substantive application until they receive a notice under subsection (3)(b) or (5) from each consent authority or for each existing resource consent, as the case may be; and
                      1. if they wish to lodge a substantive application after receiving those notices, must do so within 3 months after the date of the earliest notice.

                        1. If there is more than 1 authorised person for a project,—

                        2. subsection (1)(b) is met if none of the authorised persons hold the resource consent referred to in that paragraph; and
                          1. any 1 of the authorised persons may comply with subsection (2) on behalf of all of them (and, if that occurs, each reference to an authorised person in subsections (3) and (5) must be read as a reference to that authorised person); and
                            1. the reference to the authorised person in subsection (6) must be read as a reference to every authorised person who would be required by section 42(2)(b) to jointly lodge the substantive application.