Application assessment and decision

On this page:

• Assessment criteria
  
• Contact during assessment
  
• Making a decision
  
• Objections and appeals
• More information

Assessment criteria

The resource consent officer who is processing your application writes an evaluation report. This report weighs up your application against the matters we have to consider when assessing consent applications and submissions. These matters are set out in sections 104 and 107 of the Resource Management Act.

The staff report details whether your activity:

• conflicts with any policies or plans
  
• considers the principles of the Treaty of Waitangi
  
• considers and promotes other matters, such as:
  • efficient use of natural resources
    
  • public access to the coastal marine area, lakes and rivers
    
  • protection of wildlife habitats
    
  • traditional Maori values
    
  • heritage sites and areas
    
  • maintenance and enhancement of the environment.
  
  
• will have positive or negative effects on the environment
  
• has alternatives
  
• may breach water quality standards.

Contact during assessment

For most applications, the resource officer will make a site visit. You may also be contacted if further information or clarification is needed regarding your proposal or its potential effects. Environment Waikato may also contact people who made submissions on your proposal for more information.

Find out more about how Environment Waikato processes your application.

Making a decision

After the evaluation report is complete, a decision is made to either grant or decline your application.

• Senior staff make decisions on non-notified applications and notified applications which do not receive submissions or go to a public hearing.
  
• Hearing committees decide upon applications which go to a public hearing.

The applicant and any submitters will be notified of the decision in writing, along with reasons for the decision and the proposed consent conditions. There is a waiting period of 15 working days that allows for objections or appeals. If there are no objection or appeals the decision will become final.

You can contact us for a copy of our decision on a resource consent application or call the Environment Waikato's Resource Use Freephone 0800 800 402.

Check out some of Environment Waikato's recent significant consent application decisions online.

Objections and appeals

If you disagree with the decision made on your application you have some options.

Objections

If your application is sent back as incomplete, or is subject to public or limited notification (and has not received a submission) you may object to the decision under section 357 of the Resource Management Act (RMA). An objection requires Environment Waikato to reconsider its decision. This option will result in the issue being considered sooner than an appeal.

If you are still not satisfied with the decision the option of appealing remains available under section 358 of the RMA.

Appeals

If your application received submissions, you or any of the submitters can appeal to the Environment Court under section 121 of the RMA. An appeal must be lodged within 15 working days of you receiving notice of the decision. Your appeal must be sent to the Environment Court with a copy to Environment Waikato. An appeal to the Environment Court means that your application will be reconsidered in full.

The Environment Court is a court of law and all parties are bound by its decision. Appeals to the Environment Court may be expensive and time-consuming. Preparation of evidence and employing expert witnesses if appropriate is required. The court can also award costs. If you are considering such an appeal, you should seek legal advice.

More information

Contact us or call Environment Waikato's Resource Use Freephone 0800 800 402 if you would like a copy of a consent application or decision, or want to find out what stage a consent application is at.

Find out more about the consent decision making process or making an objection or appeal by visiting the Ministry for the Environment's website. This website has a range of guides for the public about resource management and consent processes.