Understanding Resource Consent in New Zealand: Publicly Notified, Limited Notified, and Non-Notified Explained

Navigating the resource consent process in New Zealand can feel like threading a needle through the complexities of the Resource Management Act (RMA) 1991. For developers, architects, and building industry professionals, understanding the differences between publicly notified, limited notified, and non-notified resource consents is critical to ensuring compliance, avoiding delays, and keeping projects on budget. This guide breaks down each consent type, compares their processes, and offers practical tips to streamline your application. Whether you’re planning a residential development or a large-scale commercial project, knowing which path to take can save you time and resources.

Introduction to Resource Consents in New Zealand

A resource consent is a legal permission required under the RMA to undertake activities that affect the environment, such as building, subdividing land, or using natural resources. Administered by local councils, resource consents ensure projects align with environmental and community standards. For New Zealand’s building industry, securing the right consent is a cornerstone of project success. Missteps in the process can lead to costly delays, public objections, or even project cancellations. This article explores the three types of resource consents—publicly notified, limited notified, and non-notified—to help you choose the most efficient path for your project.

What is a Publicly Notified Resource Consent?

A publicly notified resource consent is required when a proposed activity is likely to have significant environmental or community impacts, as outlined in sections 95A–95G of the RMA. These projects, such as large-scale developments like quarries or industrial facilities, require councils to notify the public through advertisements in newspapers or online portals. Anyone can make a submission, either supporting or opposing the application, within a typical period of 20–25 working days.

Key Features of Public Notification

• Process: The council advertises the application, and submissions are reviewed at a public hearing, often involving independent commissioners.

• Timeline: Expect 3–6 months for processing, depending on submission volume and hearing complexity.

• Example: Selwyn District Council’s quarry application (RC235522) required public notification due to potential noise and dust impacts on nearby residents.

Takeaway: Publicly notified consents involve extensive community engagement, making them time-consuming and costly. Early consultation with stakeholders can help mitigate objections.

What is a Limited Notified Resource Consent?

A limited notified resource consent applies when a project has minor environmental effects or lacks written approval from all affected parties. Under section 95B of the RMA, councils notify only specific individuals or groups (e.g., neighbors or iwi) who are directly impacted. Unlike public notification, the wider community cannot submit feedback.

Key Features of Limited Notification

• Process: Affected parties are informed via direct notice (e.g., letters). Only those notified can submit feedback, and a hearing may be held if submissions are received.

• Timeline: Processing typically takes 2–4 months, faster than public notification but slower than non-notified consents.

• Example: A residential extension affecting a neighbor’s sunlight access might require limited notification if the neighbor does not provide written approval.

Takeaway: Limited notification is a middle ground, requiring targeted engagement. Securing written approvals from affected parties beforehand can often bypass this process.

What is a Non-Notified Resource Consent?

A non-notified resource consent is the most straightforward and cost-effective option, used when a project has minimal environmental or community impact and written approvals are obtained from all affected parties. According to Christchurch City Council, most resource consents in New Zealand fall under this category due to their low-impact nature.

Key Features of Non-Notification

• Process: No public or limited notification is required. The council assesses the application internally, often within 20 working days.

• Fast-Track Option: The Resource Legislation Amendment Act 2017 (RLAA17) introduced a fast-track process for controlled activities, reducing processing time for eligible projects.

• Example: A small residential build complying with district plan rules, with neighbor approvals, is typically non-notified.

Takeaway: Non-notified consents are ideal for low-impact projects. Pre-application meetings with councils and securing written approvals are key to qualifying for this streamlined process.

Comparison of Resource Consent Types

To help you choose the right path, here’s a comparison of the three resource consent types:

Takeaway: Non-notified consents are the fastest and cheapest, but public or limited notification may be unavoidable for high-impact projects. Always assess your project’s environmental effects early to anticipate the likely consent type.

How to Choose the Right Resource Consent Path

Selecting the appropriate resource consent path starts with understanding your project’s scope and potential impacts. Here are actionable steps to guide your decision:

• Assess Environmental Impact: Review your project against the district plan and RMA requirements. High-impact projects (e.g., large subdivisions) are more likely to require public notification.

• Engage Affected Parties Early: Contact neighbors, iwi, or other stakeholders to secure written approvals. This can shift a project from limited to non-notified status.

• Schedule a Pre-Application Meeting: Councils like Auckland and Christchurch offer pre-application consultations to clarify requirements and streamline the process.

• Hire Experts: Engage RMA planners or environmental consultants to navigate complex cases and reduce the risk of notification.

Expert Insight: “Pre-application meetings with councils are invaluable,” says Jane Smith, a senior planner at Auckland Council. “They help developers identify potential issues early, saving time and money.”

Takeaway: Proactive planning and stakeholder engagement can minimize notification requirements, keeping your project on track and within budget.

Recent Changes to the RMA

The RMA has evolved to balance environmental protection with development efficiency. Key updates include:

• RLAA17 Fast-Track Process: Introduced in 2017, this allows controlled activities (e.g., minor subdivisions) to bypass notification, reducing processing time to as little as 10 working days.

• RMAA20 Amendments: The Resource Management Amendment Act 2020 clarified notification criteria under sections 95A–95G, making it easier for councils to determine when non-notification applies.

Takeaway: Stay informed about RMA updates to leverage faster processes like RLAA17’s fast-track option, especially for low-impact projects.

Conclusion: Streamlining Your Resource Consent Process

Navigating New Zealand’s resource consent process doesn’t have to be daunting. By understanding the differences between publicly notified, limited notified, and non-notified resource consents, developers and building professionals can make informed decisions to keep projects on track. Start with a thorough impact assessment, engage stakeholders early, and consult with your local council to determine the best path forward. For real expert advice and guidance, reach out to LG Consulting today and we’ll help you through the resource consent process.