Essential to any land development project is obtaining the necessary consents and approvals from territorial local authorities. Under the Resource Management Act territorial authorities are required to develop plans and policies stating their desired use for land and resources. Essential to determining the feasibility of your land development project an understanding between the client and the territorial authority must be achieved that proposals fall in line with plans and policies before a consent is granted. The Resource Management Act 1991 underpins the subdivision and use of land in New Zealand. In order to achieve the principle of sustainable management of natural and physical resources a balancing act must be achieved where the maximum benefit can be achieved to the community while mitigating as many negative effects as socially desirable. The territorial authority set rules and regulations controlling subdivision and land development in order to achieve a desirable balance. It is against these rules that your application for subdivision is judged and consent granted. The Act promotes sustainability by the mitigation of effects and calls for the consideration of environmental impacts when undertaking any land development project including subdivision. Consideration needs to be given to the effects of the development on the natural and physical environment, ecosystems, people and their communities, amenity values etc. To assit you with understanding the RMA we have produced a selection of sections from the Act to the right of this page. Essentially the Act allows any activity to takes place so long as all the effects are mitigated. Many territorial authorities, however, have adopted a rules based approach restricting the use of land. This approach can make the process of receiving resource consents complicated as by listing what can not be done to land narrows the scope of what can be done. As land development professionals, Tomlinson & Carruthers are involved in the planning and resource management process at all levels. We utilize a multifaceted approach to achieve the client’s goals at minimal time and cost. We work with territorial authorities on behalf of the client to ensure the client’s needs and community standards are maintained if not improved. Should a resource consent application require public notification or hearings, we give evidence and argue the merits of our clients’ proposals. We also have expertise in the planning process and have made submissions on Proposed District Plans of the territorial authorities throughout the country.

The Resource Consents Process The consents process is perceived by many as a frustrating, unpredictable, complicated, costly and time sapping experience. Here at Tomlinson & Carruthers we do everything possible to restore confidence to our clients by providing a straight forward and transparent process to ensure risks and options are fully understood before proceeding to the next stage. To assist our clients we have developed the following flow chart that describes how a consent proceeds from an initial meeting between the firm and the client to the completion of the project. For a description of the project management process we follow for land development projects you may also find the flow chart on the Subdivision & Land Development page of some assistance.               Initial meeting with client: gather information                                 Prepare scheme plan, feasability study and resource consents.                       Is the client satisfied with the scheme plan and resource consents?                 Work with client to prepare scheme plan & resource consents until satisfied.                             Submit Resource Consent Application to Council                       Fee Paid & Sufficient information given?                 Application returned to applicant                             Lodged in council system and circulated to relevant departments.               Time from date of completion of application to the Notification decision - 10 working days.         Sufficient information? (s.92 RMA)                 Application placed on hold until further information received.               Time from date of completion of application to the decision date for non-notified applications (if no hearing) - 20 working days. Time from date of completion of application to the decision for notified applications - 70 working days.         Publicly notified? (s. 93 RMA)                 Notification (limited or public notification)                       Recommendation made by Consents Planner             Is decision to be made under delegated authority? (s.100 RMA)                   Closing date for Submissions. (s. 97 RMA)                     Recommendation approved by Team Leader Consents                     Hold a Pre-hearing Meeting? (s.99 RMA)                       Report & Recommmendation done by Consents Planner                   Hearing. (ss. 100-103 RMA)                   Decision (s. 104 RMA)                           Notice of Decision (s. 144 RMA)                         Resource Consent approved (with or without conditions)?             Can you appeal? (s.120 RMA)                           Construction: Implementation of work to fulfill resource consent                   You have two choices: 1. Apply to change the District Plan and then restart the resource consent process, or; 2. Restart or abandon the project.               Resource consent valid for - 5 years. Time to complete conditions after s223 approval - 3 years.             Construction complete: Approval of survey plan by territorial authority (s223 RMA), Completion Certificate of conditions (s224 RMA)

'The RMA'           Under section 77B of the Resource Management Act 1991 there are five different types of consents linked to the resource being used, including land use consents, subdivision consents, coastal permits, water permits and discharge permits. Each of the consents has different categories of activities: Permitted Allowed 'as of right' subject to complying with any conditions applying to them. Controlled Council must grant consent subject to conditions that must be complied with. These conditions may only be imposed if they relate to matters specified in the plan. Restricted discretionary A council may grant or decline consent for a restricted discretionary activity. The conditions may only relate to matters specified in the plan. Discretionary A Council can grant or decline consent. If consent is granted, Council may impose conditions to control any of the 'activity's' potential adverse effects. Non-complying A Council can only grant an application for a non-complying activity if its adverse effects are minor or if it is consistent with the plan's objectives and policies. Prohibited A resource consent cannot be applied for on a prohibited activity. Restricted coastal activity A discretionary or non-complying activity, listed in a regional coastal plan, for which the Minister of Conservation can only issue consents. Click here to find definitions of terms used in the Resource Management Act 1991 or the Act in full here. PART 2 - PURPOSE AND PRINCIPLES 5. Purpose (1)The purpose of this Act is to promote the sustainable management of natural and physical resources. (2)In this Act, ``sustainable management'' means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while— (a)Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and (b)Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and (c)Avoiding, remedying, or mitigating any adverse effects of activities on the environment. 6.Matters of national importance In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: (a)The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development: (b)The protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development: (c)The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (d)The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: (e)The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga. [(f)the protection of historic heritage from inappropriate subdivision, use, and development.] [(g)the protection of recognised customary activities.] 7.Other matters In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to— (a)Kaitiakitanga: [(aa)The ethic of stewardship:] (b)The efficient use and development of natural and physical resources: [(ba)the efficiency of the end use of energy:] (c)The maintenance and enhancement of amenity values: (d)Intrinsic values of ecosystems: (e)Repealed. (f)Maintenance and enhancement of the quality of the environment: (g)Any finite characteristics of natural and physical resources: (h)The protection of the habitat of trout and salmon: [(i)the effects of climate change:] [(j)the benefits to be derived from the use and development of renewable energy.] 8.Treaty of Waitangi In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). PART 3 - DUTIES AND RESTRICTIONS UNDER THIS ACT Adverse effects 17. Duty to avoid, remedy, or mitigate adverse effects (1)Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on behalf of that person, whether or not the activity is in accordance with a rule in a plan, a resource consent,a designation,] [section 10, section 10A, or section [[20A]] ]     Images

	To summarise Tomlinson & Carruthers offer the following Resource & Planning Management services: Environmental planning and research Strategic and policy planning Development planning Statutory planning Sports and leisure planning Commercial and industrial development planning Community consultation programmes Heritage planning Infrastructure planning Energy sector planning Local government services Expert evidence and preparation of submissions Return to top of page