Substantive application

A substantive application is an application for approval for a referred project or a listed project.  

A substantive application can seek approvals for a: ^{be676c16-36ce-4224-9db5-aacb201898a9}

• Resource consent, or a change or cancellation of a resource consent condition that relates to a resource consent or designation required for the project  
• Certificate of compliance that relates to a resource consent or designation required for the project  
• Designation or an alteration to an existing designation
• Conservation concession
• Land exchange
• Amendment to or revocation of a conservation covenant
• Wildlife approval
• Archaeological authority that relates to a resource consent or designation required for the project  
• Dispensation for a complex freshwater fisheries activity
• Marine consent
• Access arrangement or variation to an existing access arrangement under sections 61 and 61B of the Crown Minerals Act
• Mining permit, subject to meeting certain criteria including that the applicant already holds an exploration permit or existing privileges for the minerals 

Process for acceptance into fast-track process  

Substantive applications are lodged with the Environmental Protection Authority  in the form and manner approved by the Environmental Protection Authority.  The Environmental Protection Authority must make the application and associated documents publicly available. 

The Environmental Protection Authority, in consultation with relevant administering agencies and consent authorities, then has 15 working days ^{97355a62-f7ec-4ed1-a937-d0c1cea9e10f} to decide if the application is complete and within scope of the fast-track process under the Act. 

The application can proceed to the next step if: ^{0fd11ad1-6751-4cb0-a958-5eb73f222432}

• It is for an approval available under the Act (see substantive application section)
• It relates solely to a listed project or a referred project
• It complies with all information requirements (see requirements of substantive applications section)
• The project does not appear to include an ineligible activity (see ineligible activities section)
• All fees, charges or levies payable in respect of the application are paid

If the Environmental Protection Authority decides that the application does not satisfy these requirements, the application must be returned to the applicant with reasons.  An application can be lodged again, in which case the process of assessment starts again.  

If the Environmental Protection Authority decides that the application meets the requirements, it gives written notice of the decision to the applicant and sends the application to the panel convener  who then sets up a panel to consider the application  (unless the Minister decides that the substantive application has a competing application, see Steps by the Environmental Protection Authority after substantive application lodged). 

Requirements of substantive applications

Substantive applications must include the following information ^{f508dac2-5937-4074-89ba-4e6be4b14dfe} in sufficient detail to satisfy the purpose for which it is required: 

• An explanation of how the project (including any stages) is consistent with the purpose of the Act  
• Confirmation that it does not contain any ineligible activities, or a determination from the Minister that certain activities are not ineligible (and any steps taken to secure the agreement of the owners of the land)
• A description of who will hold what approvals  
• Any information specified by the Minister and other specific information requirements set out elsewhere in the Act (refer to the Schedules section)  
• If the application is for a priority project, confirmation that there are no competing applications  

If the substantive application is for a listed project, it must also contain the information required to be provided as if it were an application for referral (see Information requirements for referral applications). An explanation of how the project (or part of the project) meets the criteria for assessing a referral application is not required.  

Preliminary steps for certain substantive applications 

There are preliminary steps that apply to certain substantive applications.

1.    If the application involves existing resource consents for the same activity 

The Act sets out a process to deal with circumstances where an existing consent already exists for an activity which would mean that the applicant for a substantive application cannot exercise its consent immediately upon approval (i.e., it would have to wait for the existing consent to expire first). The process is: ^{5fb229ac-baa3-4107-a531-b718a1624680}  

• Prior to lodging a substantive application for a resource consent, the applicant of a substantive application must notify relevant consent authorities of its application.
• The consent authority must give notice to the applicant of any existing resource consents which would delay exercising any of the applicant’s consents.
• If such consents exist, the consent authority must notify the holder of those consents advising that there is a competing consent proposed and giving them an opportunity to apply for further consents themselves (via the Resource Management Act or under the Act).
• The consent authority must then give notice of the outcome to the applicant of the substantive application.
• The applicant cannot lodge its substantive application until it has heard back from the consent authority. If it wishes to continue with its substantive application, it must do so within three months of receiving the first notice from the consent authority. 

2.    If the application involves a pre-request aquaculture agreement 

If an applicant for a substantive application wishes to lodge a pre-request aquaculture agreement for the project area, it must lodge it with the relevant chief executive before lodging its substantive application.  

3.    If the application involves a land exchange 

If a substantive application seeks approval for a land exchange, the Act sets out a process for applying for a land exchange application prior to the substantive application being lodged. ^{63c10dea-cdaa-441c-a9d3-225831d386cc} The process is:

• Prior to lodging a substantive application that seeks approval for a land exchange, the applicant of a substantive application must lodge a land exchange application with the Department of Conservation.  Specific information requirements apply (see Schedules section).
• The Director-General of Conservation has 15 working days to decide if the land exchange application is complete and within scope. ^{8824e500-179b-44c0-9bed-0ea00fe7965f}   
• If it is not, a new application can be made, and the 15 working days starts again. ^{d8bc08ae-2003-481e-bff4-8d80560b9419}   
• If it is, the Director-General must, within 5 working days, invite comments on the proposed land exchange from specified persons (not the general public). ^{b78e269d-c4ef-42ec-aba5-370208c11d04}
• The Director-General must then provide a report to the applicant on matters relevant to the land exchange (including an opportunity to review a draft before it is finalised).  
• The applicant cannot lodge its substantive application until it has received a report from the Director-General. 

The applicant can withdraw its land exchange application any time before the Director-General provides its report. 

4.    If the application involves a mining permit 

If a substantive application seeks approval for a mining permit, the applicant may lodge information relevant to the mining permit with the relevant chief executive (refer to Schedule 11). This step is not mandatory, it is at the applicant’s discretion.

 5.    If the application is a priority project

Prior to a substantive application being lodged, the Minister can determine that it is a “priority project”.  A priority project must be progressed first, before other substantive applications.

 A priority project is one which the Minister is satisfied needs to be progressed urgently, would not be if it was not assigned priority status, and is not a competing application (relates to the same natural resources as another substantive application). ^{9de56803-ede6-4bf9-8bbe-8de7511b7fc8}   

The Minister can determine priority status if the applicant asks for it, or on the Minister’s own initiative with the written agreement of the applicant.  

6.     If the application involves a determination that an activity is not ineligible

Before a substantive application is lodged, the applicant can apply to the Minister for a determination that the following activities are not ineligible: ^{658e20ab-3e2a-485e-b089-8652ce271760}

•  On identified Māori land that is Māori freehold land (as defined in the Act) or General land owned by Māori that was previously Māori freehold land: the construction of electricity lines or land transport infrastructure by (or to be operated by) a network utility operator that is a requiring authority. In this context, land transport infrastructure means structures for transport on land by cycleways, rail, roads, walkways or any other means. ^{8458cad6-4120-4167-84b0-46e3d2b637f4}   
• On certain land listed under Schedule 4 of the Act (which includes land with certain conservation status) or national reserve: the maintenance, upgrading or continued operation of existing electricity infrastructure and the construction and operation of new electricity lines. ^{99b6acc7-9560-44fd-95e2-6836618df3e4}

The effects of these activities on the relevant land or Māori interests must still be considered as a relevant matter of national importance under the Resource Management Act (see Schedule 5 section). ^{cbb913c4-e0bb-420c-ad6c-93b3db02699b}

The substantive application cannot be lodged until the applicant receives the Minister’s decision. 

Last updated at 7:40PM on February 7, 2025