How do you oppose a resource consent?

What you need to do. You need to make your appeal on the prescribed form and pay a filing fee. To find out more, visit the Environment Court website. You need to lodge your notice of appeal with the Environment Court and send us a copy of your notice of appeal within 15 working days of receiving the decision.

Is resource consent required?

If the building work impacts on the land or other users, you may need a Resource Consent – for instance, if your house plan falls outside the allowable building envelope. If Resource Consent is required, it MUST be granted before you can start work.

What’s the difference between resource consent and building consent?

In simple terms, a resource consent covers things that may affect the environment and people, and a building consent is more specific to actual construction details and building regulations.

Can a resource consent be revoked?

The general principle is that a decision that determines a specific individual’s or group’s legal rights (e.g. a resource consent decision) cannot be revoked once it has been communicated to the individual or group concerned as final.

Can you appeal an objection?

When a party files objections, the case will be assigned to a judge. The judge will consider the objections and any supporting documents. If the judge agrees with the decision, the party can either accept the judgment or appeal the judgment to the Eighth District Court of Appeals.

Are resource consents public information?

Resource consent applications are public information.

What does it mean when a judge sustains an objection?

Once an attorney makes an objection, the judge then makes a ruling. If a judge sustains the objection, it means that the judge agrees with the objection and disallows the question, testimony or evidence. That the testimony pursuant to a question asked or the particular item of evidence is not relevant to the case.

How to appeal a NZ resource consent decision?

This article is focused on New Zealand law and explains issues from a Common law perspective. If you are unhappy with a decision made by your New Zealand local council (“consent authority”) in relation to a resource consent, you may have a right to appeal the decision to the Environment Court. What decisions can be appealed against?

Can a consent authority appeal to the Environment Court?

Therefore you cannot appeal beyond the Environment Court on the merits of the consent authority’s decision. However, if after the Environment Court’s decision is given new and important evidence becomes available or there is a change in circumstances that might have affected the decision, the Environment Court may agree to rehear the proceedings.

Can you object to a Regional Council decision?

If you request a Certificate of Compliance, you can object to the regional council decision regarding that request under s139 (13) (a) of the RMA. The Environment Court is administered by the Justice Department and is presided over by a Judge with expertise in planning and resource management issues.

Do you have a right to object to decisions made by the RMA?

You have the right to object about decisions made by the council under section 357 of the RMA. If your application is determined ‘incomplete’ under s88 (3) of the Act, you have a right to object to the consent authority. If your suspended application is returned under s91C (2) of the Act, you have a right to object to the consent authority.

What are the responsibilities of a resource consent?

A resource consent comes with a very important responsibility: it requires you to consider the effects of your resource use on the environment and your community, and to reduce any effects that are significant. The video below makes it easy to understand what’s involved in a resource consent.

What do you need to know about land use consent?

A land use consent relates to a specific property and covers: land modifications, such as earthworks. Subdivision consents apply to activities such as: adjusting a boundary. Find out more about the requirements for subdivision consents. Find out when which activities require resource consent.

Which is the best way to ask for consent?

THIS 1-MINUTE VIDEO SHOWS 5 EXAMPLES OF HOW TO ASK FOR CONSENT. HOW MANY DO YOU SEE? Ask. Listen. Respect: A Video about Consent If playback doesn’t begin shortly, try restarting your device. An error occurred while retrieving sharing information. Please try again later. ASK. LISTEN. RESPECT.

What do you need to know about subdivision consent?

Land use consent. Subdivision consent. A land use consent relates to a specific property and covers: land modifications, such as earthworks. Subdivision consents apply to activities such as: adjusting a boundary. Find out more about the requirements for subdivision consents. Find out when which activities require resource consent.