Resource Consent - Decisions

Question 1

Matters to be considered for resource consent applications are?

Answer 1

s 104

Question 2

What are some additional considerations for resource consent applications - s 104?

Answer 2

Consent authority must have regard to-

•the value of a consent holders investment where an application is for a consent to replace an expiring consent (2A) - there is no renewal of consents under the RMA

•Any resource management matters in a planning document prepared by a customary marine title group if the document effects the area subject to the application (2B)

Question 3

Under what section are matters not to be considered?

Answer 3

s 104(3) and 104(4)
Pt 11(A) s 308(a) to 308(i) has more detail on trade competition and the effects of trade competition

Question 4

Under what section should a resource consent not be granted?

Answer 4

s 104)3)(c))

Question 5

Under what section can a water permit, coastal permit, discharge permit not be granted?

Answer 5

s 217

Question 6

What are some of the different classes of activities? (i,e controlled activities etc)

Answer 6

104A-104D

S 104(3)(c) -reference to s 55(2) MACA - consent may be refused even if a controlled activity, if activity would have more than minor effect on exercise of protected customary rights ( unless written approval)

Question 7

What are discretionary and non-complying activities and what section are they under?

Answer 7

s 104B - they are Determination of applications for discretionary or non-complying activities

Question 8

What are restricted discretionary activities and what section are they under?

Answer 8

104C - Determination of applications for restricted discretionary activities

Question 9

What are non-complying activities and what section are they under?

Answer 9

104D - Particular restrictions for non-complying activities

Question 10

When a council has made its decision to grant or refuse it has to give a written decision, under what section are these contents of decisions?

Answer 10

s 113

Question 11

Within that decision there are conditions made on the resource consent, under what section will you find this?

Answer 11

s 108

Question 12

What section are requirements for consent conditions?

Answer 12

s 108AA

Question 13

Once the decision has been made and notified there is a right of appeal, under what section is this?

Answer 13

120(1A)