If you think a person will be affected by your proposal you should get their written approval. If you don't think a person is affected, you should explain the reasons why in your application.
Although you are not required to do this step, you may find it beneficial to:
- Find out whether affected people are likely to support or oppose your proposal
- Find out whether any issues can be addressed by you in the application
- Obtain written approval for your application.
If all the parties who are likely to be affected by your application provide written approval, your application may be able to be processed without notification, which means the Consent process is likely to be faster and less costly.
Remember, 'consultation' does not mean 'agreement'. Even after consulting, there still may remain issues which won't be resolved at this stage in the process.
Giving written approval
If you have been asked to give your written approval it is likely that this is because we consider you may be adversely affected by the proposed activity. This gives you the opportunity to consider the proposal and decide for yourself whether you are adversely affected and/or the degree to which you may be adversely affected.
Steps to take before giving written approval
- Request that the applicant (or their agent) explain the proposal clearly and fully to you.
- Study the application and associated plans provided in order to understand the effects (if any) that the proposal may have on you. Ask for time to consider the proposal if you think you need it.
- You are entitled to ask the applicant for more information but you should make a decision about whether or not you will sign the form as promptly as is reasonable in the circumstances. You may suggest amendments to the proposal that you consider would avoid or mitigate the effects of the proposal on you.
- If you are satisfied that the proposed activity will not adversely affect you and/or any effects are acceptable to you, you can then sign a written approval form and sign and date a copy of the application plans. You should then return them to the applicant (or their agent).
- If you change your mind after signing the form, you may withdraw your written approval at any time before a decision is made on the application by advising us in writing that your approval is being withdrawn. Once Resource Consent is granted there is no way for you to retract your written approval. You are therefore encouraged to weigh up all the effects of the proposed activity before you agree to it.
- If you consider that you will be adversely affected by the proposal and do not wish to sign the approval form, you will need to advise the applicant.
Consulting with Iwi
In accordance with Schedule 11 of the Resource Management Act 1991, the Te Uri O Hau Claims Settlement Regulations 2003 and the Memorandum of Understanding between Te Uri and Kaipara District Council, the Resource Consents Team at Kaipara has a duty to consult with Iwi over resource consent applications affecting their rohe or territory.
In order to simplify and streamline the processing of resource consents, Council has reached an agreement with Te Uri O Hau regarding minor consent applications as of February 2015, where the majority of applications are no longer sent to Environs Holdings for comment. However significant consent applications are still of interest to Iwi and require input from Environs Holdings Ltd.
Having regard to the Environs Holdings Ltd Cultural Monitoring Protocols and Policies 2017, the following types of resource consents will not be accepted by Council and determined as complete for processing under Section 88 of the RMA unless written evidence of prior consultation with Environs Holdings Ltd is included as part of the application.
- All applications on land zoned for Maori Purposes, or located near Marae;
- All applications on land involving known archaeological sites;
- Mining, quarrying and forestry activities in the Rural Zone;
- Subdivisions within 300m of the coast/areas zoned of Significance to Maori (including Kaipara and Mangawhai Harbours);
- Earthworks within 300m of the coast/areas zoned of Significance to Maori (including Kaipara and Mangawhai Harbours);
- Indigenous vegetation clearance;
- All activities in Outstanding Natural Landscapes; and
- All activities within or immediately adjacent to the following Nohoanga and Deeds of Recognition sites listed in Schedule 17.2 of the District Plan:
- Pouto Stewardship Area
- Lake Whakaneke
- Lake Mokeno
- Pukekararo Scenic Reserve
- Tokatoka Scenic Reserve
- Te Taa Hinga.
Please note that the above list is not final and is subject to revision.
Evidence of consultation may include a Cultural Impact Assessment, short form assessment or an email confirming Iwi have no issues with your proposal. The cost of consultation with Iwi is the responsibility of the applicant. The purpose of requiring consultation prior to the lodging of consent is to avoid delays to the processing of consents and allow Environs more time to respond to consultation queries.
Environs Holdings may be contacted via 09 459 7001 or email firstname.lastname@example.org