Notified and Non-Notified Consents

There are two ways in which resource consent applications can be processed – notified or non-notified. The Resource Management Act 1991 provides specific guidance to councils who must decide whether or not an application is to be notified.

Most applications are not notified. This is because:

• the adverse effects which may result from the proposal are no more than minor; and
• any affected persons (usually neighbours) have agreed in writing to the proposal.

Notified resource consents

The notified resource consent process requires the Council to publicly notify the application in the local newspaper Hawke's Bay Today and circulate copies to people identified as being directly affected. People can lodge submissions supporting or opposing the application - details of how to do this will be published with the public notification.

Once the submission period has closed, a hearing is arranged. The applicant and those who have lodged submissions then have the opportunity to present their case to a Council Hearings Committee, which is comprised of seven Councillors. 

Timeframe

Notified resource consent applications generally take three months. If any appeals against the Council's decision are lodged with the Environment Court, this will further extend the process. Any of the submitters or the applicant may choose to appeal either the decision of the Council or any conditions imposed on the consent. 

Fee

A deposit is required at the time of application. The actual costs of a consent are calculated on the time spent processing the consent. An invoice outlining the costs of an application will be sent with the decision.

Notified and limited notified applications take significantly longer to process and are more expensive
than non-notified applications.

Non-notified resource consents

If your proposal does not meet the planning standards and you are able to obtain the written approval of neighbours who you consider to be affected by your proposal (see affected persons) then your application can, in most cases, be dealt with on a non-notified basis.

Decisions on non-notified resource consent applications are generally considered by an officer with delegated authority. The Environmental Planner handling the application prepares a report and presents this to the officer together with a recommendation.

The officer generally adopts that recommendation, although this is not always the case. The officer may also decide that additional neighbour's consents are required, or that the application should be heard by Council's Hearing Committee to make a decision or be publicly notified.

Non-notified resource consents are often approved subject to conditions, for example the implementation and maintenance of landscaping. An additional monitoring fee can be incurred to cover the cost of Council inspections to ensure the conditions have been met. This also applies to notified resource consents.

Timeframe

Non-notified reesource consent applications are normally processed within 20 working days. The application cannot be processed until the Council has received all the information it requires. The application may be suspended until further information is supplied.

Fees

A deposit is required for the consent at the time of the application.

Please note the actual costs of a consent are calculated on the time spent processing the consent. An invoice outlining the costs of an application will be sent with the decision.

You can find common fees and charges in the Fees section.

More information

For more information please contact a member of the Environmental Planning team on  resource@hdc.govt.nz or phone 06 871 5000.