andersonlloyd.co.nz auckland, christchurch, dunedin, queenstown 18 may 2015 reform of resource...

andersonlloyd.co.nz

Auckland, Christchurch, Dunedin, Queenstown

18 May 2015

Reform of

Resource Consent

Application

ProcessPresenterRachel Brooking

Resource consent applications

• Council timeframes

– Notified and limited notified

– 6 months for notified

• Information requirements – schedule 4

• 3 March 2015

• Resource Management Act 2013

Council timeframes consent processing

Notified application process

130 days

20 working days to notify

20 working days for submissions

75 working days for hearing

15 days for decision to be issued

Limited notified application process

100 days


20 working days for submissions

45 working days for hearing

15 working days for decision to be issued

Notified or limited notified application process with no hearing


20 working days for subm iss ions

20 working days for decision to be issued

60 days

Receipt of application

• 10 working days to consider and accept applications (previously 5)

• All incomplete applications must be returned to the applicant immediately, with reasons why it was incomplete (previously there was a discretion to return applications)

• Councils have 20 working days to decide whether to notify the application (previously 10 working days)

Receipt of application

• Section 88(3) council “may” “determine that the application is incomplete”

• MfE guide (page 13) says “This means that consent authorities still have the discretion to decide that an application is complete and accept it, even if some information hasn’t been provided by the applicant.”

• Act could be worded better to reflect MfE’s intent

Stopping the clock

• Councils can only 'clock stop' once for further information, and only before a decision is made on notification (previously the clock could be stopped twice for “RFIs”– once before notification and once after)

• The council cannot adjourn hearings (previously hearings could be adjourned for a maximum of 10 working days) but applicant can put on hold

• Applicants may put their application on hold for up to 130 working days anytime between notification and the close of hearing or, if no hearing is held, the final decision

Pragmatism and Flexibility

• Degree retained through:

– Section 37 power to waive and extend

– Section 88B timeframe suspended for matters listed in table

– Section 88C timeframe suspension in relation to RFIs

– Section 88E timeframe suspension for

• obtaining approval from affected parties;

• referral to mediation

Section 88B

Notification

Provisions describing time periods Reason

Section 88C(2), (4) or (6) (2) = 1st info request(4) = applicant agrees to report(6) = applicant disagrees to report

Section 88E(2) or (4) (2) = section 91 deferral for further consents(4) = applicant trying to obtain approval

Section 88F(2) (2) = pre-request for aquaculture agreement

Direct referral


Section 88C(4) or (6) (4) = applicant agrees to report(6) = applicant disagrees to report

Section 88E(2), (6) or (8) (2) = section 91 deferral for further consents(6) = referred to mediation(8) = section 91A applicant suspends


Non-notified hearing





Notified hearing

Provisions describing time periods

Reason


Section 88D(2), (4) or (6) – direct referral

(2) = direct referral declined and no objection(4) = direct referral declined and objection dismissed(6) = direction referral granted or objection upheld



Decision on non-notified with no hearing





Decision on notified with no hearing

Provisions describing time periods

Reason


Section 88D(2), (4) or (6) – direct referral

(2) = direct referral declined and no objection(4) = direct referral declined and objection dismissed(6) = direction referral granted or objection upheld



Other timing changes

• Councils may close the submission period early for limited notified applications if all affected persons have submitted, given written approval or notice that they will not be giving a submission

• Time limits for the completion of hearings following the notification and submission periods are fixed at 75 working days for fully notified consents, and 45 working days for limited notified consents

Non-notified hearing

• MfE guide (page 24) notes that “There is no specified time by which a hearing for a non-notified application must be completed, and it follows that there is no restriction on adjournment. Similarly, new section 103B in relation to pre-circulation of evidence does not apply to hearings for non-notified applications.”

Pre-circulation of evidence

• All evidence briefs and any section 42A report from council must be pre-circulated:

– Council reports and evidence 15 working days before the hearing;

– Applicant evidence 10 working days before the hearing;

– Submitters’ expert evidence five working days before the hearing

Summary – timeframes

• Comprehensive assessment up front

• Less flexibility

• Risk and accountability lies with applicant

New resource consent application requirements

• Resource consent applications are required to be in the prescribed form and manner and meet all content requirements in the new schedule 4

• Assessment of Environmental Effects (AEEs) are required to be more comprehensive than before

New requirements

• Part 2

• Assessment against relevant objectives, policies and rules

New requirements

• Schedule 4 expanded and uses “any relevant” frequently

• MfE guide (page 12) says “Clause 1 states that the information must be “specified in sufficient detail to satisfy the purpose for which it is required”, making it clear that information and assessments need only be provided with applications where relevant, and to the extent that it is necessary for the type of application.”

• But the words “any relevant” is not used in clause 2 where it requires

(f) An assessment of the activity against the matters set out in Part 2

New requirements

• Clause (2)(1)(d) requires “a description of any other activities that are part of the proposal to which the application relates”

• MfE guide (page 14) says “this is intended to capture things which need permission or licensing outside of the RMA. For example, activities under the Building Act 2004 or HSNO.”

New requirements

• Permitted activity –describe and demonstrate compliance

• Existing resource consent – assess value of investments

• Customary marine title group planning document

Unchanged

Schedule 4, Clause (2)

• Applicant and site

• Describe activity

• Other consents

• Correspond to scale and significance

Unchanged

Schedule 4, Clause (6)

• Assessment of actual or potential effects

• Alternative locations – significant adverse effect likely

• Alternative locations – more than minor effect on exercise of protected customary right

• Hazardous substances and installations – assessment of risks

• Discharge – nature of discharge, sensitivity of environment and alternative methods

• Mitigation measures

• Affected persons, any consultation and responses

• Monitoring, if scale and significance require

Unchanged

Schedule 4, Clause 7

• Effects on neighbourhood, wider community, social, economic, cultural

• Physical

• Ecosystems and habitats

• Aesthetic etc.

• Any discharge

• Any risk through natural hazards or hazardous substances and installations

Specific type of activity

• Subdivision

• Reclamation

(From Form 9)

Discussion

andersonlloyd.co.nz

Auckland, Christchurch, Dunedin, Queenstown

andersonlloyd.co.nz auckland, christchurch, dunedin, queenstown 18 may 2015 reform of resource...

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