Resource consent

A resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act (the "RMA"). Some activities may either be specifically authorised by the RMA or be permitted activities authorised by rules in plans. Any activities that are not permitted by the RMA, or by a rule in a plan, require a resource consent before they are carried out.

The term "resource consent" is defined as;

A resource consent, once granted to an applicant, is neither real nor personal property. Therefore, resource consents cannot be 'owned'; they are 'held' by 'consent holders'.

A resource consent means any of the following:

Regional and district plans may give an activity that requires a resource consent one of six possible classifications.

The above table is of a very summary nature, and exceptions apply in some circumstances.

There are two further classifications, restricted coastal activity and recognised customary activity, which are subject to particular conditions.

Applications for resource consents are usually granted by the regional councils and territorial authorities acting as consent authorities. Any person may apply for a resource consent. Applications must be in the prescribed form and include an assessment of environmental effects. The resource consent process is designed to enable environmental managers to consider environmental issues associated with particular proposals for resource use.

While this principle is commendable, there is a complexity of issues that surround assessing the effects on the environment of a consent application and the consideration of applications (e.g. social, cultural, and ecological considerations, significance of effects, the place of community values, the sufficiency of evidence and the onus of proof).

A resource consent may be granted with a set of conditions that need to be complied with in order to ensure minimal environmental effect.

Decisions on resource consent applications may be appealed to the Environment Court (formerly the Planning Tribunal until 1993). Appeals are considered on a 'de novo' basis, where the Environment Court hears any evidence it requires and makes its own decision which replaces that of the local authority. Decisions of the Environment Court may only be appealed to the High Court of New Zealand on a point of law.

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