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Resource Management Law

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Resource Management

The resource management area is principally governed by the Resource Management Act 1991. The main purpose of the Act is to control the use of land, air and water to promote the sustainable management of natural and physical resources. To achieve this noble objective the Act sets out minimum standards in relation to the use of;

  • Land
  • Coastal Marine Area
  • River and Lake Beds
  • Water
  • Noise
  • Subdivision
  • Land Reclamations.

Much of the Act is designed to enable local authorities to control and monitor the environmental effects of activities undertaken in their region.

Contact:

Joseph Butler Frazer Barton Michael Garbett

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District Plans

Each territorial authority is required to prepare a district plan. A district plan enables territorial authorities to identify objectives, policies and rules which apply within their jurisdiction to achieve the purposes of the Resource Management Act. The Resource Management Act prohibits any activity which contravenes a rule in a district plan or proposed district plan. The district plan is the first port of call for assessing whether an activity is permitted. If an activity contravenes a rule in a district plan then it may only proceed if resource consent is obtained.

Contact:

Joseph Butler Michael Garbett

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Resource Consents

A resource consent is an authorisation given by a territorial authority for an activity which contravenes a rule in a District Plan or Proposed District Plan. Essentially by issuing a resource consent a territorial authority can provide a person with a dispensation from complying with a District Plan or Proposed District Plan. The following types of resource consents may be obtained:

  • Land Use Consent
  • Subdivision Consent
  • Water Permit
  • Discharge Permit
  • Coastal Permit for an activity undertaken in the Coastal Marine Area.

A resource consent application may be notified to the public or proceed on a non-notified basis. If resource consent is notified, any person may make a submission to the territorial authority about that application.

The usual basis for an application to be processed non-notified, is that the adverse effect on the environment will be minor and written approval has been obtained from every person who may be adversely affected by granting the resource consent.

Clearly this is an important stage in the resource consent process and is one with which Applicants should take care in considering.

Contact:

Joseph Butler Michael Garbett

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