A resource consent application is publicly notified or limited notified unless criteria for non-notification is met.
A new step-by-step process to determine whether to give public or limited notification of resource consents has been introduced into the Resource Management Act 1991 (RMA) from 18 October 2017.
Public notification
If the application is publicly notified, a written notice of the resource consent application will be sent to various parties that could include:
- Owners and occupiers of the site.
- Persons likely to be directly affected, such as adjacent landowners and occupiers.
- Minister of Conservation, Historic Places Trust, Minister of Fisheries, Te Runanga o Ngai Tahu, local Runanga, other local authorities, interest groups, community organisations, and any other parties Dunedin City Council (DCC) considers appropriate.
The application is advertised in appropriate newspapers, such as the Otago Daily Times, and a public notice is placed on the DCC website along with an electronic copy of the application. A sign may also be placed on the subject property. These notices call for submissions to be received by the DCC by a specified date. Anyone can make a written submission. If written submissions are received and submitters wish to be heard, a hearing will be held.
Limited notification
The limited notification process can typically be utilised where:
- The adverse effects of the activity on the environment will be no more than minor, and
- The applicant has not obtained written approval of all those people who may be adversely affected.
If an application qualifies for limited notification, the DCC must serve notice of the application on all people who have not given their written approval to the activity, plus any other parties who need to be involved because of special circumstances. Only those people served with a notice are able to lodge a submission on a limited notified application.