Notification of the decision
After the Council has reached a decision on a Resource Consent application, a copy of that decision will be posted to the applicant and to submitters.
After the decision has been issued, the process will be put "on hold" for 15 working days, in case the applicant or any submitters decide to challenge the decision.
When you first receive the decision, it is important that you read and understand it. Please ask our staff to clarify any points that you do not fully understand.
If you are dissatisfied
If a submitter or applicant is dissatisfied with a decision, you may be entitled to:
- Lodge an objection with the Regional Council (in some circumstances).
- Lodge an appeal or inquiry with the Environment Court.
Before doing either of these, make sure that you have legal standing under the Resource Management Act and that you understand the procedures to be followed. Failure to follow the correct procedures may result in your appeal or objection being dismissed without giving you the opportunity to present your case.
If you are in doubt about the correct procedures, you may wish to discuss the matter with Regional Council staff. Alternatively, you could consult a lawyer or a suitably qualified Resource Management Consultant.
It is also recommended that you gain an estimate of costs you may be faced with before proceeding with an Environment Court hearing or inquiry.
Objections
If a resource consent application is not publicly notified and a decision is issued by the Regional Council’s Consents Manager, the applicant may, under circumstances specified in the Resource Management Act, request a review by the Regional Council Hearings Committee.
You must give notice of an objection in writing to the Northland Regional Council within 15 working days of being notified of the Resource Consent decision. This notice must set out the reasons for the objection.
The Regional Council will consider the objection as soon as practicable. If there is to be a hearing, you will be given at least five working days' notice of the hearing date, time and place. The objection may be dismissed or upheld in whole or part. If you are still not satisfied with the Council's decision, you may then appeal to the Environment Court.
Appeals and the Environment Court
The Environment Court is a court administered by the Justice Department and presided over by a Judge with expertise in planning and resource management issues. The Environment Court can over-ride the decisions of local authorities. Most hearings by the Court are called "appeals" but in certain circumstances involving coastal matters, the Court may conduct an "inquiry."
Who may appeal?
If an applicant is dissatisfied with a Hearings Committee decision on a Resource Consent application, they can appeal to the Environment Court. A submitter can also appeal.
Appealing to the Environment Court
An appeal is usually a full re-hearing of the case by the Environment Court. The Court will start off with a "clean slate" and hear the entire application over again.
How to lodge an appeal
If you wish to lodge an appeal to the Environment Court, you must lodge the notice of appeal with the Registrar of the Environment Court and serve notice to the Regional Council within 15 working days of receiving notice of that decision yourself.
The notice must state the reasons for the appeal, and what you want done about it.
Within five working days of lodging the appeal with the Environment Court, you must also serve notice on any person or organisation that originally made a submission on the matter and the applicant.
Remember that there are set procedures and fees involved. If you are not familiar with Environment Court procedures it is recommended that you seek advice prior to lodging an appeal.
The Registrar
The Environment Court
PO Box 5027
Lambton Quay
WELLINGTON 6145
(49 Ballance St)
Ph (04) 915 8300
Fax (04) 915 8303