Affected persons' approval

When processing a resource consent application, Council decides whether anyone will be adversely affected. Those "affected persons" then have rights in the consent process.

If you wished to build a house that's higher than the permitted level in the Tasman Resource Management Plan, then our consent planner may identify the owners or occupiers who lose views or sunshine as affected persons - if the effects are great enough. 

As another example, if you wanted to discharge chemicals onto the ground, we may consider a person who has a water supply bore downstream as affected.

Our Council staff can advise you as an applicant, who they think will be ‘affected parties’. If you are the applicant, then its up to you to talk to them and get their written approval. If we get a written approval, then we can't consider that person as 'affected' anymore. For some rules that control development close to boundaries, if you get the written approval of the owners of the sites with the boundaries affected by the infringement, then you may not even need a resource consent. Instead if the boundary activities are the only rules infringed and you have the written approvals, you can ask us for a deemed permitted activity consent.

Affected parties are often more than just the owners and occupiers of nearby properties. They may include:

  • users of the same natural resource - such as groundwater or gravel - in the same area
  • local iwi
  • local community groups 
  • local environmental groups
  • Fish and Game New Zealand 
  • Forest and Bird Te Reo o te Taiao 
  • Department of Conservation Te Papa Atawhai
  • New Zealand Transport Agency Waka Kotahi
  • Heritage New Zealand Pouhere Taonga

What should I know as a resource consent applicant?

If you are making an application for resource consent and you would like your application processed without any notification, submissions or hearings, then we recommend you try to get the written approval of all the people or organisations who may be affected by your proposal.

It is a good idea for you to approach these people before you lodge your application. This is as they may ask for small changes before you have gone to the cost of finalising drawings and other information for your proposal. Your other option is to wait until we have assessed your application and decided who we think is affected. You can then talk to those people.

If we consider any party is adversely affected, we let will tell you who and why. 

Who decides who is adversely affected?

The final decision is made by the Council. Our consent planners make a considered recommendation. The decision is then made by the consents manager or a team leader who look at all the application material, your assessment, and the consent planner's recommendation.

Our decision on notification is final, so if you disagree, you have to ask the High Court to judicially review it.

What to do if you are an affected person

If you're identified as an affected person - or the applicant asks for your written approval - make sure you understand the proposal. This includes all of the potential impacts that the proposed activity could or will have on your interests - your property, your lifestyle, or your use of the same natural resource.  

You can expect the applicant to provide you with a full details of the resource consent application. This includes their most current drawings and plans, and any further information or changes they might have given to us, if they had already lodged their consent application.  

If you don't understand the information well enough, we recommend that you get further explanation fromthe applicant, or an independent professional, such as a resource management consultant or a lawyer.

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