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Consultation

The importance of consultation

When making a decision on a resource consent application, one of the important matters that the ARC considers is how a proposed activity will affect other people's use and enjoyment of the natural environment. The purpose of consultation is to find out what other people think about your activity, how they feel they may be affected and whether there are any concerns that can be resolved.

While the RMA does not require that as an applicant you consult with anyone, it is often in your best interests to do so. For example, early and effective consultation may assist you with identifying the effects and matters most of concern to people that may be addressed by changes to your proposal. This will result in your application being processed faster thus saving you time and costs in the long run.

The Fourth Schedule of the RMA requires a consent applicant to identify those persons interested in or affected by your proposal, and outline any consultation that has been undertaken, including the results.

The following fact sheet provides information for the general public about consultation under the Resource Management Act (1991) (RMA 1991)

GP01 Consultation (67.2 KB PDF)

Who to consult?

  • Adjacent landowners/occupiers
  • Other users of the resource (e.g. users of a river you wish to take water from)
  • Tangata Whenua (local iwi/hapu authorities)
  • Any other party likely to be affected by your proposal.

How to consult?

  1. Discuss how you intend to go about consultation with a consents officer.
  2. Contact the people or organisations you need to consult with - this is probably best done by starting with a phone call followed by a personal visit.
  3. Provide the parties with all relevant information on your proposal.
  4. Keep a record of your consultation as this must be included in your AEE - who was consulted, the date, the topics discussed, and any decisions reached.
  5. Report the outcome of any consultation in your application - the concerns of those consulted, your response to those concerns, and how you intend to address those concerns in your proposal.

Written approval from adversely affected persons

While some people and organisations may have an interest in a resource consent application, they may not necessarily be adversely affected by the proposed activity. ARC consents officers will be able to advise you whether or not you will need to obtain written approval from persons who may be adversely affected by your proposed activity and identify who they are. Some examples of potentially affected parties include:

  • owners or occupiers of the land
  • owners or occupiers of adjoining and/or downstream properties
  • community, recreational or environmental groups
  • tangata Whenua - iwi/hapu authorities
  • Department of Conservation
  • Royal Forest and Bird Protection Society
  • New Zealand Historic Places Trust
  • local councils and
  • adjoining regional councils.

Consultation with iwi

The RMA recognises that iwi have a special cultural and spiritual relationship with the environment. The ARC encourages applicants to consult early with local iwi who may be affected or interested in a proposal so that they have time to consider and advise you of any concerns. When assessing your application we are required to recognise and provide for the relationship of Maori, their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga.

Consents officers are able to supply you with the contact details of the iwi that should be consulted about resource consent applications.

How to consult with iwi?

The procedure for consulting different Tangata Whenua will vary, but as a general guide:

  1. Identify the relevant iwi.
  2. Write a letter, briefly outlining the proposal, its location, why you want to proceed with the proposal, and indicate a willingness to discuss any concerns. Enclose any information which you feel may help clarify the proposal.
  3. Follow up with a phone call to confirm that the information has been received and considered (about a week later).
  4. If appropriate, arrange to meet to agree on the consultation process, to identify issues and concerns, and to share information.
  5. Keep a written record of consultation to submit to the ARC with your consent application.

Where concerns are raised, you should try to ensure that:

  • concerns are clarified, and are relevant to the proposal
  • options are developed to address such concerns, giving appropriate weight to the concerns of other affected parties
  • you seek mutual agreement on the best practical option to address Tangata Whenua concerns, and aim to incorporate this into the proposal.

Remember, consultation does not require agreement. It is to allow you and the council to be informed about the views of iwi. If iwi concerns cannot be resolved, and you still want to proceed with your application, then it is imperative that you have made a genuine attempt to consult in an open and honest manner, so that their views are recorded and can by taken into account.

Resource consents circulation

Iwi receive a list of all consent applications that are lodged with the ARC, including those that are publicly notified. This provides iwi with the opportunity to identify any issues of concern early and discuss them with the relevant consents officer.

Iwi expectations

In general, when local iwi / hapu are approached to consult over a proposal, they may have the following expectations:

  • that they have access to all relevant consent information
  • that there is a willingness to meet ‘face to face', and that their views are respected
  • that if a meeting is agreed to take place on a local marae, any marae costs are met as part of the consultation process
  • they also may expect the applicant to commission and pay for a ‘Cultural Impact Assessment Report'. This may be desirable for a large-scale development, and/or where it can be demonstrated that the proposed activity may have a significant impact on the iwi (eg: particular proposal does not recognise and provide for the relationship the local iwi have with the land, sea area or other).

A fee to cover the costs of consultation may be requested by iwi. It is therefore advisable that you discuss potential costs prior to starting consultation.

View more information about Tangata Whenua in the region.

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