Notification, submissions and hearings

Public notification

In general the public are notified if the adverse effects of the proposal on the wider environment are assessed as being more than minor.

Depending on the nature of the adverse effects, iwi and hapū, Waka Kotahi or other groups or organisations may also be notified. 

We will place a notified resource consent application on this website and a public notice in the media, which summarises the application. We will also notify those people who may be directly affected, for example adjacent neighbours.

A list of the current public notifications can be viewed on the Notified resource consent applications page. 

Notified resource consent applications

Physical copies of your application will also be made available for review upon request.

We will keep the status of the application updated on this website.

Due to the additional time involved in processing a notified application, an additional fee is required to be paid prior to notification.

Resource consent management fees and charges

Anyone can lodge a submission supporting or opposing the application or to indicate a neutral position, within 20 working days.

Limited notification

If the application requires only limited notification, we will notify only those people who may be directly affected. Only they can lodge a submission.

A submission is a written statement that explains why someone supports or opposes a resource consent application.  A submitter should clearly state whether they support or oppose the application. 

 A submitter may also take a neutral stance and provide additional information they think we should consider in making a decision.

A submission can inform our decision to either decline an application or approve it subject to conditions.

Submissions about a project can only be made on notified resource consent applications. If the application is limited notified you can only make a submission if you have been identified as an affected party.

It is important that you state in your submission whether or not you want to speak at a Council hearing in support of your submission. If you don't indicate on the form that you wish to speak, you may miss the opportunity.

Making a submission

Publicly notified resource consent applications

If you would like to make a submission on a publicly notified resource consent application, please read the related application page and complete the submission form. 

To guarantee acceptance of your submission this needs to be completed during the stated time that the notification is open.

Notified resource consent applications

Limited notified resource consent applications

You can only make a submission on a limited notified application where you have received notification from us that you are an affected party. 

Notice of requirement

If you are making a submission on a Notice of Requirement, use the Notice of Requirement submission form.

Notice of Requirement Submission form(PDF, 353KB)

A hearing will be held where a submitter has indicated they wish to be heard, or an applicant requests a hearing be held.  

If a hearing is held it must take place within 45 working days of the closing of submissions on a limited notified application and 75 working days of submissions closing on a publicly notified application.

We notify both the applicant and submitters of the hearing date and location at least ten working days before the hearing. In some cases, a hearing may be held virtually.

We employ Independent Hearings Commissioners for all hearings.

We prepare a planning report with recommendations on the decision and any consent conditions to be considered by the Hearings Commissioner.  This planning report may be informed by specialist reports from other professionals such as engineers.

Pre-hearing meetings and mediation

A pre-hearing and / or mediation meeting can be held at any time before a hearing to clarify or help to resolve any issues. We may arrange a pre-hearing meeting or mediation meeting at the request of a submitter or the applicant. 

Joint hearings and decision making

If a proposal requires resource consent from both the District and Regional Councils, joint or combined hearings can be held. 

Where a proposal involves resource consents from two or more councils, and the application is to be heard, the councils must jointly hear and consider those applications. 

A joint hearing is not necessary if the councils and the applicant agree that one need not be held.

The hearing decision

The Commissioner makes a decision within 15 working days of the hearing closing and we send it to the agent and / or applicant.

The applicant is charged all actual and reasonable costs associated with work undertaken by Commissioners, consultants and staff in hearing the application and issuing a decision. An invoice will be issued at the time of the decision on the application being sent out. 

Decisions made on notified applications can be appealed to the Environment Court, unless they relate to a boundary activity that is not a non-complying activity.

An appeal can be lodged by:

• the applicant
• the consent holder
• any person who made a submission.   

The Court's decision is final unless it chooses to review it due to new information coming to hand or if it is appealed to the High Court on a question of law. The Environment Court can award costs and order "security for costs" to be paid to an appellant.  

Lodging an appeal

An appeal needs to be made on a specific form and lodged with the Environment Court within 15 working days of receiving notice of the decision on the application.

Links to the forms to be completed with details of the process to be followed in lodging an appeal and the fees charged by the Environment Court can be found on their website.

Prescribed forms and filing fees (environmentcourt.govt.nz)