

Understanding the Limited and Publicly Notified Resource Consent Process in New Zealand
In New Zealand, the resource consent process ensures that activities and land uses are managed in a way that balances environmental protection with community and development needs. Depending on the potential impact of a project, consents can range from non-notified (where public involvement isn’t required) to notified (where the public or specific groups can participate in the process).
Today, we’re diving into the processes for limited and publicly notified resource consents. These types of consents involve greater scrutiny and engagement with affected parties or the general public, and they’re often required for developments that could have a more significant impact on the environment or local community.
What Are Limited and Publicly Notified Resource Consents?
The level of notification (i.e. limited or public notification) depends on the potential effects of the proposed activity. If the environmental or social effects are deemed significant, the application may require public notification. If the impact is more localised but still affects specific individuals or groups, it may be processed as a limited notified consent.
Limited Notified Consent - Only specific, affected individuals or groups (like neighbouring property owners) are notified about the application. These parties have the opportunity to submit their views on the project.
Publicly Notified Consent - The application is publicly advertised, and anyone can make a submission, regardless of whether they are directly affected.
Both processes are designed to ensure that developments proceed with appropriate oversight and consideration of all stakeholders, from the immediate neighbours to the wider community.
Why Do Some Projects Need Notification?
The Resource Management Act (RMA) is New Zealand’s key legislation for environmental management. It’s designed to promote sustainable management of resources, ensuring that developments don’t harm the environment or people’s rights. When a project is likely to have a more than minor effect on the environment or certain individuals, public or limited notification allows those affected to have their say.
The notification process is essentially a way to ensure transparency and public participation in decision-making. For example, a major development could affect local traffic, noise levels, or even the landscape, so the community has a right to be involved in the discussion. Meanwhile, a smaller development like a boundary adjustment may only affect the next-door neighbour, triggering limited notification.
The Limited Notified Consent Process
A limited notified consent is required when a development impacts specific individuals but isn’t considered significant enough to affect the wider public. Where written approval is obtained from the affected parties prior to lodgement, council cannot consider the effects on those parties.
Here’s how the process unfolds:
Pre-Application Consultation
Before lodging an application, in some instances it is beneficial to consult with potentially affected parties. Engaging early helps identify concerns and, in some cases, may smooth the process by addressing issues before the formal application is submitted.
Preparing the Application
The application must include the following:
A completed consent form.
An Assessment of Environmental Effects (AEE), which outlines the potential environmental impacts and how these will be mitigated.
An objectives and policy assessment.
Supporting documents, like site plans, technical assessments, and engineering reports (where relevant).
Notification of affected parties.
Once the application is submitted, the council identifies the parties who may be affected by the proposal (usually nearby landowners or residents). These individuals receive a formal notice outlining the proposed activity and the potential effects. The affected parties are given 20 working days to make a submission—either in support of or opposition to the project.
Submissions after receiving the notice
The affected parties can submit their concerns or support for the project. These submissions can include suggestions for conditions, such as limiting noise levels or hours of operation, or they might request modifications to the development plan.
Council Review:
The council reviews the submissions and may hold meetings with the applicant and affected parties to resolve concerns. If issues remain unresolved, the council will schedule a hearing where all sides can present their cases.
Decision
Following the hearing (if required) and consideration of submissions, the council will issue a decision to either grant or decline the resource consent. The decision may include conditions to minimise the environmental or social impact of the development.
Appeal Rights
Both the applicant and the submitters have the right to appeal the council’s decision to the Environment Court within 15 working days. This provides an opportunity for further scrutiny if either side feels the decision was unfair or did not account for important factors.
The Publicly Notified Consent Process
Publicly notified consents are used for projects with broader environmental or social effects. These projects often attract significant public interest and debate. Examples include large-scale housing developments, industrial projects, or changes to natural landscapes. The public notification process is outlined below.
Pre-Application Consultation
Public notification typically involves large projects with more complex issues, clients are strongly encouraged by council to engage with the community and stakeholders early in the process. This helps address concerns and potentially build community support before the formal application.
Preparing the Application
The application requirements are more comprehensive than for non-notified consents, as the project’s scale and complexity are usually greater. The AEE must cover all potential impacts, from traffic and noise to environmental degradation or visual effects.
Public Notification
Once the application is lodged, the council will notify the consent and issue a public notice. This public notice includes all relevant details about the proposal and invites submissions from anyone with an interest in the project. Submissions can come from local residents, community groups, environmental organisations, or even individuals who aren’t directly affected but wish to voice their opinion.
Submission Period
The public has 20 working days to lodge submissions. During this period, anyone can express their support or opposition, outline their concerns, or suggest conditions.
Council Hearing
If submissions are received, the council may hold a formal hearing where the applicant and submitters can present their cases. The hearing is an opportunity for open dialogue about the project’s potential impacts, and it allows the council to hear expert testimony and community views before making a decision.
Decision
After the hearing, the council reviews all submissions, expert evidence, and the AEE to determine whether the consent should be granted or declined. If granted, conditions may be imposed to minimise environmental effects or to address concerns raised during the submission process.
Appeals
As with limited notified consents, the applicant and submitters have the right to appeal the council’s decision to the Environment Court.
How Do These Consent Processes Affect Different Parties?
Applicants
limited and public notification means greater scrutiny, longer timeframes, and potentially higher costs. However, engaging with the public and affected parties early can result in a better-designed project that meets the needs of both the applicant and the community.
Affected Parties and Public
For those directly affected or interested in a notified consent, the process offers an important opportunity to have their voices heard. Whether it’s a neighbour concerned about overshadowing from a new development or a community group worried about traffic impacts, notified consents give individuals a say in shaping their environment.
Councils
The council’s role is to ensure that development is sustainable and meets environmental standards while also considering the concerns of the community. This requires balancing development needs with protecting the environment and ensuring public participation in decision-making.
Conclusion
Limited and publicly notified consents are key mechanisms in New Zealand’s resource consent process. They ensure that projects with more significant impacts receive the necessary scrutiny and input from affected parties and the general public. While the process may seem lengthy and complex, it’s essential for ensuring that development is sustainable, environmentally sound, and responsive to community needs. If you're embarking on a project that may be notified, understanding the process and engaging with affected parties early can make all the difference. Ultimately, this process is about ensuring that everyone—developers, the community, and the environment—comes out with a balanced and fair outcome.