In this section

Link to Frequently Asked Questions


Lapsing of Consent

A resource consent lapses on the date specified in the consent, or, if no date is specified, 5 years after the date of the decision (or if any appeal results, from the date of any decision of the Environment Court) unless, before the consent lapses,

  1. The consent is given effect to; or
  2. An application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account:
  • Whether substantial progress or effort has been, and continues to be made towards giving effect to the consent; and
  • Whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and
  • The effect of the extension on the objectives and policies of an plan or proposed plan.

If you or any future purchaser of your property wish to change or cancel any conditions of this resource consent, an application for a variation of consent must be made to the Council on Form 10.

An application for a variation will be processed pursuant to Section 127 of the Resource Management Act, and may or may not be granted by Council.


Resource Consent Only

The consent is a resource consent in terms of the Resource Management Act.

It is not a consent under any other Act, Regulation or Bylaw.

Separate applications will need to be made for any other approval, such as a building consent, water race by-law approval or Regional Council consent (if not applied for concurrently with this application).


Rights of Appeal

The notice of resource consent is distributed in accordance with the terms of Section 114 of the Resource Management Act.

Your attention is drawn to the provisions of Section 120, 121 and 357 of the Resource Management Act which allows for objections to, and appeals against, decisions made by consent authorities.

Any party to the application may, within 15 working days of the receipt of the decision,
appeal to the Environment Court pursuant to Section 120 of the Resource Management Act.

The Christchurch address of the Environment Court is:

Physical Address:
Postal Address:
Contact Numbers:
99-101 Cambridge Terrace
Christchurch
PO Box 2069
DX:WX11113
Christchurch 8013
New Zealand
Tel: (03) 365-0905
Fax: (03) 365-1740

The Procedure

The procedure for lodging an appeal is set out in Section 121 of the Resource Management Act. The appeal should be made on Form 16. Clauses 16 to 27 of the Resource Management Act Regulations 2003 also set out important information.

Section 121 of the Resource Management Act sets out the persons upon whom the appeal must be served and the time when service must take place.

It is essential that the provisions be adhered to. Failure to do so may result in the appeal being struck out.

The Ministry for the Environment have created helpful booklets about lodging an Appeal and Awarding and   target="_blank" title="Ministry of the Environment website">Securing Costs.

Resource Management Act

Copies of the Resource Management Act are available online at www.legislation.govt.nz or at our office in Rolleston.

If you are in any doubt as to the procedure to be followed it is
strongly recommended that you seek planning and/or legal advice.


Refund Policy

If a resource consent application has been lodged on or after 31 July 2010 and has not been processed within the statutory timeframes imposed under the Resource Management Act, a discount on administrative charges will apply under Section 36AA of the Act.

The Discount

The discount is a percentage of the actual and reasonable costs of processing the application calculated at 1% per day the application is processed over the statutory timeframes, up to a limit of 50%.

For more information on the discount policy refer to the website for the Ministry for the Environment www.mfe.govt.nz

The discount is automatic and there is no need to apply to the Council to receive the discount. Discounts are calculated monthly.

The refund will either be in the form of a credit against the final account or as a direct refund depending on whether the final invoice has been issued / paid.

You can request a review of the discount, if you consider that either a larger discount is due or alternatively that a discount is due where the Council has deemed no discount is payable.

You can contact the Duty Planner on (03) 347-2868, or email planninginfo@selwyn.govt.nz


Monitoring

Monitoring of the resource consent is carried out by the Council’s Resource Monitoring Officers. This is separate from any monitoring or inspections related to a building consent. Pursuant to Section 36 of the Resource Management Act, the fees relating to monitoring conditions are identified as
advice notes on the consent and could include either a basic, standard or specialised monitoring fee.

a)    Basic Monitoring – this fee covers monitoring of Council records to ensure compliance with the conditions imposed where no site visit is required.

b)    Standard Monitoring – this fee covers the cost of setting up a monitoring program and the carrying out of one site inspection to ensure compliance with the conditions imposed.

c)    Specialised Monitoring – this fee covers the cost of setting up a monitoring program and the carrying out of two or more site inspections to ensure compliance with the conditions imposed.

In cases where further site inspections are required for consents with a standard or specialised monitoring program, due to non-compliance with any of the conditions or for the reasons specified in the consent, the Council may render an account to the consent holder for the additional monitoring fees. The fees are outlined in the Councils Long Term Plan.


If you have any questions, please contact the Duty Planner on Phone (03) 347-2868 or email planninginfo@selwyn.govt.nz