The Ins and Outs of Resource Consents

Here at Perspective, we can help you with your resource consent needs. Resource consents are required in New Zealand when an individual or organization wants to undertake activities that could potentially have an impact on the environment. These activities might include building a new structure, subdividing your land and undertaking certain activities at your property.

The Resource Management Act (RMA) of 1991 is the primary law governing resource consents in New Zealand. Under the RMA, local councils are responsible for processing and granting resource consent applications, although the process is overseen by central government agencies. The RMA requires councils to take into account the environmental impact of proposed activities, as well as any economic or social benefits.

Resource consent applications must include a description of the proposed activity, its potential environmental impact, and any mitigation measures that will be put in place. The application may also involve consultation with affected parties, including iwi/Māori, and the public or neighbours may be given an opportunity to provide feedback on the proposal.

Once a resource consent is granted, it will typically be subject to conditions designed to mitigate environmental effects. Councils also have powers to monitor and enforce these conditions, and to review and vary resource consents if necessary.

It’s worth noting that the RMA has been subject to criticism from some quarters, particularly in terms of perceived delays and uncertainty in the resource consent process. The government has responded with a range of reforms aimed at improving efficiency and increasing certainty for applicants, while ensuring that environmental protections remain in place. We can assist you through this process and act on your behalf to ensure the process runs as smoothly as possible.

One significant change proposed is the introduction of a new Natural and Built Environments Act (NBA) to replace the RMA. The NBA would focus on addressing the most pressing environmental challenges facing New Zealand, including climate change, biodiversity loss and freshwater quality, while also simplifying the resource consent process.

Under the proposed legislation, regional councils would be required to develop spatial plans that set out the environmental limits and priorities for their region. Resource consents would then be assessed against these plans, reducing the need for case-by-case decision-making and streamlining the process.

Other changes proposed include better recognition of the role of Māori in decision-making, stronger enforcement tools, and a new approach to managing highly productive land. The NBA is still in the development stage, and it is unclear when it will be introduced to Parliament or come into effect, especially given the uncertainty with the new change in government. If implemented, it is expected to be a major overhaul of New Zealand’s environmental management framework, with profound implications for resource consents and other environmental approvals. However, Perspective Consulting is at the forefront of these changes and can help navigate this new system for you.

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