Schedule 5 - Approvals relating to Resource Management Act 1991

Schedule 5 provides specific requirements in relation to resource consents and other approvals relating to the Resource Management Act 1991.

Information requirements: Referral applications

In addition to general information requirements in the Act, specific information is required to be provided by applicants for resource consent or notice of requirement approvals. The following must be provided:

• An assessment of the project against any relevant national policy statement, national environmental standards, and if relevant, the New Zealand Coastal Policy Statement.
• In relation to a proposed resource consent approval, whether there are any existing resource consents or coastal permits that would prevent the approval from being exercised.  

If the approval is about a change or cancellation of a consent condition, information must be provided about whether the change or cancellation is material to the implementation or delivery of the project. 

If the approval is about a certificate of compliance, information must be provided showing the activity can be done lawfully in the particular location without a resource consent. 

Information requirements: Substantive applications 

A consent application must include: ^{5272ac97-3c89-4801-bef8-0eaad197ea5e}  

• A description of the proposed activity
• A description and map of the site including if the site is within or adjacent to a statutory area defined in a relevant Treaty settlement Act, ngā rohe moana o ngā hapū o Ngāti Porou, or a protected customary rights area
• Confirmation the consent application is complete and within scope (see Fast-track Approvals Act: Process for acceptance into fast-track process section)
• The name and address of each site owner and occupier, and each owner and occupier of land adjacent to the site
• A description of other activities that are part of the proposal
• A description of any other resource consents, notices of requirement, or alternations required
• An assessment of the activity against sections 5, 6 and 7 (purpose, matters of national importance, and other matters) of the Resource Management Act. An assessment against the Treaty of Waitangi section (section 8) of the Resource Management Act is not required.
• An assessment of the activity against the relevant provisions of a national environmental standard, regulations under the Resource Management Act, national policy statement, New Zealand coastal policy statement, operative or proposed regional policy statement, regional plan, or a planning document recognised by a relevant iwi authority and lodged with a local authority
• Specific information about any Treaty settlements that apply
• A list of any relevant customary marine title groups, protected customary rights groups, and others
• The conditions proposed by the applicant
• Any notices regarding existing resource consents 

A consent application must also include:

• If a permitted activity is part of the proposal, a description demonstrating the proposed activity complies with the requirements or conditions of the permitted activity.
• If the activity occurs within the scope of a planning document prepared by a customary marine title group or environmental covenant prepared by ngā hapū o Ngāti Porou under section 19 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, an assessment of the activity against any resource management matters set out in that document.
• If the activity occurs in a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws made under Part 9 of the Fisheries Act 1996, an assessment of the effects of the activity on the use or management of the area. 

A consent application must also include an assessment of the activity’s environmental effects. Specific information is required, including: ^{7e6bece5-362d-4836-9b2c-d81902ea054f}

•  an assessment of the actual or potential effects on the environment
• an assessment of risks where the activity includes the use of hazardous installations
• where a discharge of any contaminant is proposed, a description of the discharge and any alternative methods
• a description of mitigation measures to be undertaken
• identification of persons who may be affected and any response to their concerns raised in consultation
• others

A consent application does not need to include any additional information required by a relevant policy statement or plan under the Resource Management Act. 

Specific matters must be covered in assessments of environmental effects: ^{2a82d741-990c-48dd-b553-0405c3a4da6c}

•  any effect on the people in the neighbourhood and, if relevant, the wider community
• any physical effect on the locality, including landscape and visual effects
•  any effect on ecosystems in the vicinity
• any effect on natural and physical resources that have aesthetic, recreational, scientific, historical, spiritual, or cultural value, or other special value, for present or future generations
• any discharge of contaminants into the environment and options for treatment and disposal
• any unreasonable noise
• any risk to the neighbourhood, wider community or environment through natural hazards or hazardous installations

Further specific location information is required for subdivision or reclamation consents. ^{cb995680-4bc8-4d8d-9977-b0c08a2640c8}  

A consent application for a project that includes a standard freshwater fisheries activity must include specific information (see Schedule 9 section). 

An application for a change or cancellation of a condition must include the same information as outlined above. 

Applications for certificates of compliance ^{da1db9d7-6871-4a21-b775-13d7716ca5dc} and notices of requirement ^{0fd2f57c-3002-4000-ae32-e0834893e7ad} must include other specific information.

Consultation 

In addition to consultation requirements in s 53 of the Act (see Fast-track Approvals Act: Invitation for comment section), the Panel must also invite comments from the Director-General of Conservation and iwi authorities and groups that represent hapū that are parties to relevant Mana Whakahono ā Rohe or joint management agreements. 

In relation to aquaculture approvals, the relevant chief executive may seek information or consult certain people, and provide recommendations to the panel (see Fast-track Approvals Act: Steps by the Environmental Protection Authority after substantive application lodged section).

The Panel’s decision

1.    Resource consent approvals

When deciding a consent application, including the setting of conditions, the Panel must take into account the following: ^{ae5148fe-a27f-497e-ba0d-e387ea422517}

•  The purpose of the Act, which is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits
• Specific provisions of the Resource Management Act (or any other legislation), including the purpose of sustainable management, that direct decision making for resource consent applications but excludes section 104D (which sets out requirements for granting activities that do not comply with the rules in a plan) and, in referring to Part 2, section 8 (the Treaty clause).

In taking these things into account, the panel must give greatest weight to the purpose of the Act.

The effects of activities determined to not be ineligible (see Fast-track Approvals Act: Ineligible Activities section) on the relevant land or Māori interests must be considered as a relevant matter of national importance under the Resource Management Act. 

If a provision in the Resource Management Act (or other legislation) would require an application be declined, that must be taken into account, but the panel must not treat the provision as requiring the panel to decline the application. 

The duration of a consent is the same is if it was granted under the Resource Management Act.

When setting conditions, Parts 6, 9 and 10 of the Resource Management Act that are relevant to setting conditions on a resource consent apply to the panel.  

A panel can set conditions on a consent for standard freshwater fisheries activities where it considers it necessary to manage effects, taking into account best practice standards and the New Zealand Fish Passage Guidelines. 

2.    Aquaculture permit approvals 

An aquaculture decision may consist of a determination or a reservation (or both). ^{0c3f8f0b-2bff-48bb-90e7-79562a1754a3}

• A reservation means a decision by a panel or a recommendation by the relevant chief executive that they are not satisfied that the aquaculture activities authorised by the approval will not have an undue adverse effect on fishing.
• A determination means a decision by a panel or a recommendation by the relevant chief executive that they are satisfied that the aquaculture activities authorised by the approval will not have an undue adverse effect on fishing. 

The panel must have regard to specific information (see Schedule 5: Consultation section). ^{ece4dc66-9105-4ac1-8538-c345ed76c6b8}

In making its decision, the panel must have regard to any recommendation made by the chief executive (see Schedule 5: Consultation section), but the decision may differ from the recommendation.  A decision must provide reasons. 

The panel must also take into account:

• The purpose of the Act, which is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits
• Relevant provisions of the Fisheries Act, including the purpose and environmental principles.

In taking these things into account, the Panel must give greatest weight to the purpose of the Act.

If a panel makes a determination, it may specify conditions that are material and that relate to the character, intensity, or scale of the aquaculture activities.

If a panel makes a reservation, the reservation must include: ^{def7420e-280a-4b54-b9a3-3347a7fe6108}

•  Whether the reservation relates to customary, recreational, or commercial fishing.
• If the reservation relates to commercial fishing, the stocks and areas concerned, specifying any stocks subject to the quota management system and any other stock not subject to the quota management system. Where this is the case, the panel must include consent conditions.
• Any other matters required to be included by regulations made under the Fisheries Act 1996, as if the reservation were an aquaculture decision.

If the panel makes a reservation relating to recreational fishing or customary fishing, or commercial fishing in relation to stocks or species not subject to the quota management system, the panel must not grant the approval in respect of the areas covered by the reservation. ^{6f52f714-9d31-4375-bb9d-3e9a3eb4f4a5}  

If the panel makes a reservation relating to commercial fishing of stocks or species subject to the quota management system, the panel must notify the applicant that the permit will not commence in the area affected by the reservation unless certain conditions are met. ^{6f3021e3-e7f0-4a2d-a789-6ab9d3d2777c}

3.    Change or cancellation of conditions 

When considering an application for the change or cancellation of a condition, the panel must apply the provisions of the Resource Management Act relating to resource consent decision making (except for s 127(4)). The panel must also consider any relevant Mana Whakahono ā Rohe or joint management agreement.  

4.    Notices of requirement

When deciding a notice of requirement, including the setting of conditions, the Panel must take into account the following: ^{aed640e2-0a0a-4c38-ae47-003f85b19ff8}

•  The purpose of the Act, which is to facilitate the delivery of infrastructure and development projects with significant regional or national benefits
• The provisions of Part 8 of the Resource Management Act (and any other relevant legislation) that direct decision making on an application for designation

The panel must also consider any Mana Whakahono ā Rohe or joint management agreement that is relevant to the approval.

In considering these things, the Panel must give greatest weight to the purpose of the Act.

The effects of activities determined to not be ineligible (see Fast-track Approvals Act: Ineligible Activities section) on the relevant land or Māori interests must be considered as a relevant matter of national importance under the Resource Management Act. 

The provisions of the Resource Management Act that apply to setting of conditions on a designation apply to the panel. ^{a5b013a3-f683-466a-b0cd-1227e4bae8d4}   

5.    Certificates of compliance

The panel must approve certificates if the activity can be done lawfully without a resource consent. 

The panel must not grant the certificate if the application is made after a proposed plan is notified and the activity could not be done lawfully without a resource consent under the proposed plan. A certificate cannot be granted where the consent authority notifies the person proposing to undertake the activity that the activity is permitted. 

Requirements after the approval is granted

A decision on a designation or resource consent can set the lapse date for the approval (unless it is given effect to), which must be at least 2 years after the approval commences. ^{0c42f26f-5803-4f02-8d83-409ff5c3d044} If the decision does not specify a lapse date, the approval lapses after commencement.

If a panel grants a designation, it can waive the requirement for an outline plan (section 176A of the Resource Management Act). 

For a designation, the territorial authority must include the designation in its district plan as if it were a rule and state the name of the requiring authority that has the benefit of the designation. The designation commences when it is included in the plan. 

A consent, change or cancellation of a consent condition, certificate of compliance, or designation, has the same effect as if it were granted under the Resource Management Act.  Similarly, the interim effect of designations is the same as if it were considered under the Resource Management Act.  The local authority that would have had responsibility for it maintains all its functions, powers and duties in relation to it.  

Coastal permits and reservations under the Act must be registered, including any compensation declarations, in accordance with sub-part 4 of the Fisheries Act.  Where a reservation decision has been made in relation to commercial stocks (see Schedule 5: The Panel’s decision: Aquaculture permit approvals section), and an aquaculture agreement or compensation declaration has been registered, then the consent authority must amend the permit so that it is no longer affected by the reservation. ^{8d4a9a3e-7e86-421d-b1ae-79ba8c994f36}

Last updated at 7:41PM on February 7, 2025