Conditions, appeals and objections

Contents

​​​​​​​​​On this page you'll find out what you need to do after the decision is made on your consent application. 

If your consent is granted, it will most likely come with conditions that you need to comply with, and that will be monitored by the council. If your consent is declined, you may wish to object to or appeal the decision. ​

Resource consent conditions

​To comply with resource consent conditions you may have to:

  • do things within a certain timeframe, including notifying the council when works start
  • advise us when steps have been taken
  • have an aspect of your activity signed off by a council staff member. 

There may also be limits on what you are able to do.

​It is our responsibility to monitor resource consents to ensure that you comply with the conditions.

This may involve: 

  • monitoring by the consent holder  
  • routine inspections by our enforcement officers  
  • inspections by consultants appointed by the council.

Fees for resource consent monitoring are charged at an hourly rate. Each resource consent calls for different skills and technical knowledge from various council staff, as well as a different monitoring strategy. 

If you do not meet the conditions of a resource consent, we may take a variety of steps, including issuing:

  • an abatement notice (essentially an official notice requiring you to follow a specific course of action) 
  • an enforcement order (court-backed order demanding compliance)  
  • an instant fine. 

Severe breaches of the conditions of a resource consent can result in prosecution and a fine imposed by the courts.  

Appealing or objecting to resource consent decision​s

If you're unhappy with a decision on your resource consent, you can object to the council or appeal to the Environment Court. 

Objecting to the Co​uncil

​​A consent applicant may object under section 357A of the Resource Management Act, provided:

  • the application was not publicly notified 
  • if the application was publicly notified or served on your immediate neighbour/s, no submissions were received 
  • if there were submissions, they were later withdrawn. 

You can also object under section 357B of the Resource Management Act if we ask you to pay additional processing charges or costs after the decision has been made.

You need to send your objection to us in writing within 15 working days from the date you received the decision. 

In your objection, you should include the reasons for the objection. 

The objection process will follow these steps:

  1. We will consider your objection as soon as practicable and within 20 working days. 
  2. A planner will consider the objection and discuss it with the applicant. Where resolution cannot be reached, the planner will prepare a report on your objection, summarising the matters that have been raised, and provide a recommendation. 
  3. A hearing will be held to consider and determine the objection. You will be provided a copy of the planner's report and at least five working days' notice of the date, time and place of the hearing. 
  4. The objection may be dismissed or upheld, either in whole or part. You will be given a decision in writing within 15 working days of the hearing.

If you are dissatisfied with the council's decision on your objection, you may appeal to the Environment Court within 15 working days of the date you received the objection decision. 

Appealing to the E​nvironment Court

Appeals to the Environment Court can be made by:

  • the applicant or consent holder 
  • anyone who made a submission. 

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 appeal to the Environment Court and send us a copy of your notice of appeal within 15 working days of receiving the decision. 

You also need to send a copy of your notice of appeal to every person who made a submission on the application. 

Page reviewed: 18 Apr 2017 1:10pm