A resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act (the "RMA"). Some activities may either be specifically authorised by the RMA or be permitted activities authorised by rules in plans. Any activities that are not permitted by the RMA, or by a rule in a plan, require a resource consent before they are carried out.
19-532: The Environment Court of New Zealand ( Māori : Te Kōti Taiao o Aotearoa ) is a specialist court for plans, resource consents and environmental issues. It mainly deals with issues arising under the Resource Management Act , meaning that it covers a wide range of potential future effects of planning applications, which can include such areas as traffic congestion, noise/pollution emissions and social and commercial consequences, rather than just
38-433: A factor which is expressly not to be considered when testing the merits of a resource consent application. Other criticisms include: Some commentators consider that the requirement for resource consents is slowing or preventing the construction of large infrastructure projects, such as highways, roads, wind farms and other power generation plants, which are important to New Zealand's economic wellbeing, as well as adding to
57-415: A project can be made by any entity, even if it is not affected. This has, in the opinion of the critics, caused the resource consent process to be used as an anti-competitive and anti-investment tool by which both individuals and other corporations can stop projects while appearing to act in the common interest. The true motivation of such submissions and associated appeals, it is alleged, is trade competition,
76-546: A substantially larger role than the Planning Tribunal, with expanded functions and powers over planning, resource consents and enforcement. Virtually all important processes and decisions under the Resource Management Act 1991 , such as regional policy statements, regional and district plans, resource consents and Water Conservation Orders , may be appealed to the Environment Court. In particular,
95-535: Is commendable, there is a complexity of issues that surround assessing the effects on the environment of a consent application and the consideration of applications (e.g. social, cultural, and ecological considerations, significance of effects, the place of community values, the sufficiency of evidence and the onus of proof). A resource consent may be granted with a set of conditions that need to be complied with in order to ensure minimal environmental effect. Decisions on resource consent applications may be appealed to
114-665: Is defined as; A resource consent, once granted to an applicant, is neither real nor personal property. Therefore, resource consents cannot be 'owned'; they are 'held' by 'consent holders'. A resource consent means any of the following: Regional and district plans may give an activity that requires a resource consent one of six possible classifications. The above table is of a very summary nature, and exceptions apply in some circumstances. There are two further classifications, restricted coastal activity and recognised customary activity, which are subject to particular conditions. Applications for resource consents are usually granted by
133-597: The Environment Court (formerly the Planning Tribunal until 1993). Appeals are considered on a 'de novo' basis, where the Environment Court hears any evidence it requires and makes its own decision which replaces that of the local authority. Decisions of the Environment Court may only be appealed to the High Court of New Zealand on a point of law. Of New Zealand's regional councils and unitary authorities, Canterbury Regional Council receives and processes
152-636: The Planning Tribunal as a result of the Resource Management Amendment Act 1996. The Environment Court has a substantially larger role than the Planning Tribunal, with expanded functions and powers over planning, resource consents and enforcement. Virtually all important processes and decisions under the Resource Management Act 1991 , such as regional policy statements, regional and district plans, resource consents and Water Conservation Orders , may be appealed to
171-420: The Resource Management Act , meaning that it covers a wide range of potential future effects of planning applications, which can include such areas as traffic congestion, noise/pollution emissions and social and commercial consequences, rather than just the 'ecological' aspects that could be implied by the 'environmental' term. The history of independent appeal courts addressing environmental matters began with
190-413: The regional councils and territorial authorities acting as consent authorities. Any person may apply for a resource consent. Applications must be in the prescribed form and include an assessment of environmental effects. The resource consent process is designed to enable environmental managers to consider environmental issues associated with particular proposals for resource use. While this principle
209-615: The 'ecological' aspects that could be implied by the 'environmental' term. The history of independent appeal courts addressing environmental matters began with the establishment of Appeal Boards under the Town and Country Planning Act 1953. The first planning appeals were heard in February 1955. The Appeal Boards were replaced by the Planning Tribunal following the passing of the Town and Country Planning Act 1977 . The Environment Court replaced
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#1732776328033228-410: The Environment Court hears appeals on decisions on applications for resource consent on a 'de novo' basis. The Environment Court does not review the decision: it hears any evidence it requires and makes its own decision, which replaces that of the local authority. It focuses on "the merits and substance of the particular decision at issue, not the deliberative process of the executive authority that made
247-489: The Environment Court may only be appealed to the High Court of New Zealand on a point of law. The Environment Court is a single court, but it has no centralised courthouse and it sits in courthouses across the country. Judges for the court are permanently stationed in Wellington , Auckland , and Christchurch , but they travel to other centres on circuit as needed. Resource consent The term "resource consent"
266-416: The Environment Court. In particular, the Environment Court hears appeals on decisions on applications for resource consent on a 'de novo' basis. The Environment Court does not review the decision: it hears any evidence it requires and makes its own decision, which replaces that of the local authority. It focuses on "the merits and substance of the particular decision at issue, not the deliberative process of
285-571: The cost of such projects. In February 2009 the National-led government announced the Resource Management (Simplify & Streamline) Amendment Bill which seeks to improve the resource consent process. Environment Court The Environment Court of New Zealand ( Māori : Te Kōti Taiao o Aotearoa ) is a specialist court for plans, resource consents and environmental issues. It mainly deals with issues arising under
304-406: The establishment of Appeal Boards under the Town and Country Planning Act 1953. The first planning appeals were heard in February 1955. The Appeal Boards were replaced by the Planning Tribunal following the passing of the Town and Country Planning Act 1977 . The Environment Court replaced the Planning Tribunal as a result of the Resource Management Amendment Act 1996. The Environment Court has
323-526: The executive authority that made the initial decision." The Environment Court also has the power to make declarations that interpret the law under the Resource Management Act. The Environment Court has the status and powers of a District Court , so it can conduct prosecutions and enforcement of the Resource Management Act through civil or criminal proceedings. The Environment Court also has functions under other statutes: Decisions of
342-418: The initial decision." The Environment Court also has the power to make declarations that interpret the law under the Resource Management Act. The Environment Court has the status and powers of a District Court , so it can conduct prosecutions and enforcement of the Resource Management Act through civil or criminal proceedings. The Environment Court also has functions under other statutes: Decisions of
361-455: The most applications for resource consents. In the year ended 30 June 2006, Canterbury Regional Council processed 3,381 applications, more than double the number processed by any other consent authority. Environment Waikato had the next highest number; 1,384 applications in 2006. [REDACTED] One of the major complaints (mainly raised by corporations) regarding the resource consent process has been that submissions made in opposition against
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