

Understanding the Non-Notified Resource Consent Process in New Zealand
The resource consent process in New Zealand is designed to balance the need for development and land use with the protection of our natural environment and local communities.
Resource consents are a key tool under the Resource Management Act (RMA) 1991, ensuring that projects or activities which may impact the environment are carefully assessed. In this post, we will explore what a non-notified resource consent is, why it’s used, and how the process works in New Zealand, while also touching on how this type of consent affects various stakeholders involved, from developers to councils and the public.
What is a Non-Notified Resource Consent?
A non-notified resource consent is a type of consent application that does not require public notification. In other words, the wider public is not informed about the application, and they don’t have the opportunity to submit feedback or objections. This type of consent is generally used for projects that have minimal or localised environmental impacts. For example, minor building extensions, small-scale subdivisions, or projects that slightly exceed district plan limits (such as building height or yard setbacks) might qualify for non-notified consent. The key factor here is that the effects on the environment and surrounding area are considered less than minor.
Why Non-Notified Consent?
The rationale behind non-notified consents is simple. Not all projects have significant environmental impacts that warrant broad engagement. Requiring limited or public notification for every development could create unnecessary delays and costs, both for applicants and the council. Non-notified consents provide a streamlined process for activities that breach planning rules but still require a formal assessment. By limiting the need for submissions, the process is often quicker and less expensive. Non-notified consents doesn’t mean the environmental considerations are ignored, rather, the effects are deemed manageable without input from the wider public or parties deemed affected.
The Resource Consent Process
Even though non-notified consents don’t require notification, the process still involves a thorough assessment by councils. Here’s a breakdown of the key steps involved in obtaining a non-notified resource consent:
Application Submission
The first step in the process is submitting a comprehensive application to the council. The application typically includes detailed plans of the proposed project, as well as an Assessment of Environmental Effects (AEE).
This assessment outlines how the project might impact the environment and how any adverse effects will be avoided, remedied or mitigated. The application also needs to demonstrate how the proposal aligns with the relevant documents such as any relevant National Environmental Standards, National Policy Statements, Regional Policy Statement and District or Regional Plan.
District and regional plans set the framework for land use and environmental management in New Zealand, and each council will have specific rules governing activities in their jurisdiction.
Council Review and Decision on Notification
Once the application is lodged, the council will review it to determine whether it can proceed as a non-notified consent. The council must be satisfied that the environmental effects of the proposed activity are less than minor. If they believe the effects are more significant, the consent may need to be limited or publicly notified, meaning the affected parties or public would have an opportunity to submit feedback.
In making this decision, the council will assess a range of factors, including the nature and scale of the proposed activity, potential effects on the surrounding environment, including neighbouring properties and whether any parties (such as nearby property owners) could be directly affected by the activity.
Assessment of Environmental Effects
Even for non-notified consents, the environmental impacts are a critical component of the process. The council will carefully evaluate the AEE submitted with the application. This document should outline potential impacts on air and water quality, traffic, noise, land stability, visual amenity, and any other relevant factors. If the council deems the AEE insufficient or identifies additional concerns, they may request more information from the applicant. In some cases, they might require adjustments to the proposal to ensure that the environmental effects are appropriately managed.
Council Decision
Once the council has completed its assessment, it will make a decision on whether to grant or decline the resource consent. For non-notified consents, this decision is typically made by council staff rather than through a formal hearing. If the consent is granted, it may come with conditions aimed at managing the environmental effects of the activity. These conditions could include restrictions on hours of operation, requirements for landscaping or noise mitigation, or limits on how the development interacts with natural features like waterways.
Compliance with Consent Conditions
After the consent is granted, the applicant must ensure that they comply with any conditions imposed by the council. Failure to do so could result in enforcement action, including fines or orders to stop work on the project. It’s essential that applicants follow these conditions closely to avoid legal complications and ensure their project remains within the law.
Impacts on Different Stakeholders
Although the non-notified consent process is simpler than notified consents, it still affects several different groups and individuals, each with their own perspectives and concerns.
For developers or property owners, the non-notified process is often a relief as it means faster processing times and lower costs. However, they still need to provide thorough documentation and may need to consult with directly affected neighbours.
Councils are tasked with balancing the need for development with environmental protection. Non-notified consents allow them to efficiently manage smaller projects while still upholding the principles of sustainable management outlined in the RMA.
Conclusion
Non-notified resource consents play a vital role in enabling minor developments to proceed without unnecessary involvement from affected parties or the wider public, while still safeguarding environmental standards. They are a pragmatic solution for projects where the environmental effects are less than minor and localised, allowing councils to manage land use efficiently without sacrificing environmental integrity.
For those embarking on a project in New Zealand, understanding whether your consent may be notified or non-notified is an essential first step. While non-notified consents offer a streamlined path, it’s still important to ensure that your application meets the council’s requirements and that any affected parties are consulted where necessary. By getting the process right from the outset, applicants can avoid delays and ensure that their project proceeds smoothly under the RMA framework.
