Schedule 4 Information required in application for resource consent

s 88, Schedule 1

Schedule 4: replaced, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

1 Information must be specified in sufficient detail

Any information required by this schedule, including an assessment under clause 2(1)(f) or (g), must be specified in sufficient detail to satisfy the purpose for which it is required.

Schedule 4 clause 1: replaced, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

1AA
[Repealed]

Schedule 4 clause 1AA: repealed, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

1A Matters to be included in assessment of effects on environment
[Repealed]

Schedule 4 clause 1A: repealed, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

2 Information required in all applications

(1)

An application for a resource consent for an activity (the activity) must include the following:

(a)

a description of the activity:

(b)

a description of the site at which the activity is to occur:

(c)

the full name and address of each owner or occupier of the site:

(d)

a description of any other activities that are part of the proposal to which the application relates:

(e)

a description of any other resource consents required for the proposal to which the application relates:

(f)

an assessment of the activity against the matters set out in Part 2:

(g)

an assessment of the activity against any relevant provisions of a document referred to in section 104(1)(b).

(2)

The assessment under subclause (1)(g) must include an assessment of the activity against—

(a)

any relevant objectives, policies, or rules in a document; and

(b)

any relevant requirements, conditions, or permissions in any rules in a document; and

(c)

any other relevant requirements in a document (for example, in a national environmental standard or other regulations).

(3)

An application must also include an assessment of the activity’s effects on the environment that—

(a)

includes the information required by clause 6; and

(b)

addresses the matters specified in clause 7; and

(c)

includes such detail as corresponds with the scale and significance of the effects that the activity may have on the environment.

Schedule 4 clause 2: replaced, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

3 Additional information required in some applications

An application must also include any of the following that apply:

(a)

if any permitted activity is part of the proposal to which the application relates, a description of the permitted activity that demonstrates that it complies with the requirements, conditions, and permissions for the permitted activity (so that a resource consent is not required for that activity under section 87A(1)):

(b)

if the application is affected by section 124 or 165ZH(1)(c) (which relate to existing resource consents), an assessment of the value of the investment of the existing consent holder (for the purposes of section 104(2A)):

(c)

if the activity is to occur in an area within the scope of a planning document prepared by a customary marine title group under section 85 of the Marine and Coastal Area (Takutai Moana) Act 2011, an assessment of the activity against any resource management matters set out in that planning document (for the purposes of section 104(2B)).

Schedule 4 clause 3: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

4 Additional information required in application for subdivision consent

An application for a subdivision consent must also include information that adequately defines the following:

(a)

the position of all new boundaries:

(b)

the areas of all new allotments, unless the subdivision involves a cross lease, company lease, or unit plan:

(c)

the locations and areas of new reserves to be created, including any esplanade reserves and esplanade strips:

(d)

the locations and areas of any existing esplanade reserves, esplanade strips, and access strips:

(e)

the locations and areas of any part of the bed of a river or lake to be vested in a territorial authority under section 237A:

(f)

the locations and areas of any land within the coastal marine area (which is to become part of the common marine and coastal area under section 237A):

(g)

the locations and areas of land to be set aside as new roads.

Schedule 4 clause 4: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

5 Additional information required in application for reclamation

An application for a resource consent for reclamation must also include information to show the area to be reclaimed, including the following:

(a)

the location of the area:

(b)

if practicable, the position of all new boundaries:

(c)

any part of the area to be set aside as an esplanade reserve or esplanade strip.

Schedule 4 clause 5: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

Assessment of environmental effects

Heading: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

6 Information required in assessment of environmental effects

(1)

An assessment of the activity’s effects on the environment must include the following information:

(a)

if it is likely that the activity will result in any significant adverse effect on the environment, a description of any possible alternative locations or methods for undertaking the activity:

(b)

an assessment of the actual or potential effect on the environment of the activity:

(c)

if the activity includes the use of hazardous installations, an assessment of any risks to the environment that are likely to arise from such use:

(d)

if the activity includes the discharge of any contaminant, a description of—

(i)

the nature of the discharge and the sensitivity of the receiving environment to adverse effects; and

(ii)

any possible alternative methods of discharge, including discharge into any other receiving environment:

(e)

a description of the mitigation measures (including safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect:

(f)

identification of the persons affected by the activity, any consultation undertaken, and any response to the views of any person consulted:

(g)

if the scale and significance of the activity’s effects are such that monitoring is required, a description of how and by whom the effects will be monitored if the activity is approved:

(h)

if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, a description of possible alternative locations or methods for the exercise of the activity (unless written approval for the activity is given by the protected customary rights group).

(2)

A requirement to include information in the assessment of environmental effects is subject to the provisions of any policy statement or plan.

(3)

To avoid doubt, subclause (1)(f) obliges an applicant to report as to the persons identified as being affected by the proposal, but does not—

(a)

oblige the applicant to consult any person; or

(b)

create any ground for expecting that the applicant will consult any person.

Schedule 4 clause 6: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

Schedule 4 clause 6(1)(c): amended, on 19 April 2017, by section 121(a) of the Resource Legislation Amendment Act 2017 (2017 No 15).

7 Matters that must be addressed by assessment of environmental effects

(1)

An assessment of the activity’s effects on the environment must address the following matters:

(a)

any effect on those in the neighbourhood and, where relevant, the wider community, including any social, economic, or cultural effects:

(b)

any physical effect on the locality, including any landscape and visual effects:

(c)

any effect on ecosystems, including effects on plants or animals and any physical disturbance of habitats in the vicinity:

(d)

any effect on natural and physical resources having aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations:

(e)

any discharge of contaminants into the environment, including any unreasonable emission of noise, and options for the treatment and disposal of contaminants:

(f)

any risk to the neighbourhood, the wider community, or the environment through natural hazards or hazardous installations.

(2)

The requirement to address a matter in the assessment of environmental effects is subject to the provisions of any policy statement or plan.

Schedule 4 clause 7: inserted, on 3 March 2015, by section 125 of the Resource Management Amendment Act 2013 (2013 No 63).

Schedule 4 clause 7(1)(f): amended, on 19 April 2017, by section 121(b) of the Resource Legislation Amendment Act 2017 (2017 No 15).