Affected persons

For a resource consent application to be processed as a non-notified application, the Resource Management Act 1991 requires that the proposed activity should have no more than minor effects on the environment and that written approval be obtained from any person we consider may be adversely affected, i.e., an ‘affected person’.

Sometimes resource consent applicants may choose to consult widely before lodging their application with us, to ensure smooth processing of their application. However, we make the final decision on who is an ‘affected person’.

If you are asked to give your written approval to a proposed activity that requires resource consent, you should do the following:

1. Request that the applicant explains the proposal clearly and fully to you.
2. Study the application and associated plans of the proposed activity in order to understand the effects of the proposal. If there are no plans available at this stage, you are entitled to wait until they are available.
3. Decide whether the proposal will adversely affect you or your property and, if so, to what extent. You can take your time over this decision, and you are entitled to ask the applicant for more information. You may suggest amendments to the proposal that you consider would improve aspects of the proposal in terms of its adverse effects on you.
4. If you are satisfied that the proposed activity will not adversely affect you, complete and sign the written approval form and sign a copy of the associated plans. If you wish to consent to the proposed activity subject to conditions, these should be discussed with the applicant (or their representative) directly and a satisfactory conclusion reached before your consent is given. We will not enter into any negotiations between parties and we cannot accept conditional approvals.
5. Return all documentation to the applicant.

If you do give your written approval:

• We cannot consider the adverse effects on you when we decide whether to notify the resource consent application, or to grant or decline it
• You can’t appeal the decision after the resource consent has been granted or declined.

If you are unsure if you should provide written approval, you should get independent advice from a professional, e.g., a planner or lawyer.

You are within your rights to not give your written approval to a proposal and you do not need to give reasons why. There is also no set timeframe to decide and if an applicant gives you a date to respond by; this is usually for their purposes and not our deadline.

An applicant can still submit a resource consent application despite not having your written approval. However, if we decide that you are an ‘affected person’ then you will be notified of the application and you will have 20 working days to make a submission.

You can change your mind after giving written approval, as long as we have not already made a decision on the resource consent. Please let us know in writing as soon as possible if you want to withdraw your written approval.