Notification and Submissions

Why make a Submission?

The Resource Management Act 1991 (RMA) gives you the opportunity to have your say in the development of our District. Accordingly, residents and ratepayers can prepare a submission to a notified resource consent application.

By making a submission you ensure:

• That Council is aware of your concerns or your support for a certain development.
  
• That all the effects that a development may have on you and/or on the environment are taken into account by the Council.

Your submission may also influence the conditions that will be imposed on the consent in the instance that it is granted by the Council.

Who can make Submissions?

Any person can make a submission to a publicly notified resource consent application. A submission may be made for or against the application. In the instance that an application follows limited notification the Council only notifies those parties which may be affected by the proposal, and only those parties notified may make a submission.

How is an Application notified?

Once Council decides to notify an application, a public notice is made by:

• Advertisement of the application in the Hauraki Herald
  
• In some instances, the erection of a sign on the development site
  
• Sending letters to those people whom the Council considers as directly affected.

How long do I have to get my Submission in?

You have 20 working days from the date of the public notice to lodge your submission with Council. The ‘close of submission’ date is stated on the public notice, along with the address for service. A submission can be sent by mail, facsimile or delivered by hand to Environmental Services or one of Council’s area offices. All submissions must be in writing.

The RMA also requires you to serve a copy of your submission on the applicant as soon as possible after lodging it with Council.

How do I get more Information on the Proposal?

The notification advertisement, sign or letter contain a summary of the application. To obtain further information on what is proposed and how it may affect you, you can:

• View the full application at Council’s offices and talk to the planner that will be reporting on the application.
  
• Talk with the applicant.
  
• Talk with a planning consultant and/or other technical experts who can provide you with independent information on the causes and consequences of effects that may arise from the proposed development.
  
• Talk to the Duty Planner who may be able to give you some background information, help you interpret the Proposed District Plan and explain the resource consent process.

How do I make my Submission?

Council has submission forms available at area offices. You can attach additional paper if you need. The RMA requires that a submission be made in writing and clearly state:

• Your name, postal address and telephone number.
  
• Details of the application including the name of the applicant, the address of the subject site and what the application is for.
  
• Whether you support or oppose the application and the particular parts of the application that you support or object to.
  
• The reasons for your submission.
  
• The decision you wish the Council to make; and
  
• Whether you wish to be heard in support of your submission (i.e. whether you wish to speak at the hearing).

How should I word my Submission?

Your submission will be more effective if it is well organised, to the point and supported by information. Here is a check list of things to consider when writing a submission:

• Decide what the most important points of your submission are and concentrate on these.
  
• Make your comments specific.
  
• Restrict your comments to actual planning issues.
  
• Clearly state how the proposal affects you and the environment.
  
• If you consider a particular effect can be avoided, mitigated or remedied, then state how you think this can be achieved.
  
• Make it clear which part of the proposal your comments relate to. Where possible refer to a page or paragraph number in the application, or the title of a particular plan or map.
  
• Make sure your submission relates specifically to the application, not peripheral activities.

What happens to my Submission?

All submissions received will be carefully considered by Council staff and the Judicial Committee or Hearing Commissioner making the decision. If a hearing is necessary you will be given 10 working days notice of the time, date and venue of the hearing. If you have indicated you wish to be heard in support of your submission you will be given the opportunity to do so. After the hearing, all submitters will be advised in writing of the Council’s decision on the application. If you made a submission and are unhappy with Council’s decision, you have a right of appeal to the Environment Court. Legal advice should be sought before taking this step.

Please click on the link below to download this information:

PIS # 6 - Making a Submission on a Notified Resource Consent Application.tif

Links to relevant Ministry for the Environment Publications on this topic:

How Is A Decision Made To Notify?

The decision is made by Council or a delegated officer having regard to:

Firstly, the provisions of the District Plan and secondly, the Assessment of Environmental Effects.

Generally applications will be publicly notified where:

• The activity is discretionary or non-complying
  
• Special circumstances exist
  
• Someone who may be adversely affected has not given their written approval.
  

And applications will be non-notified where:

• The activity is controlled or restricted discretionally
  
  
• The adverse effects will be minor
  
  
• The written approval has been given by all persons who may be adversely affected.

The decision to notify must be made within 10 working days after the application has been accepted for processing and all additional information requested has been received.

How Does Notification Happen?

Copies of the application and information are circulated to people who Council consider to be affected.  An advertisement is also placed in the Public Notices of the Hauraki Herald.  This notice will advise interested persons that they can view a copy of the documents at the Thames Office Or Area Service Centres, and will request submission to Council within 20 working days.

Council will also put a sign on the site to identify that the site is subject to a resource consent application.

Submissions

Submissions should be made on the submission form available from Customer Service Co-ordinators at the Thames office or area service centres and should clearly state:

• The reason for making the submission
  
  
• Whether the submitter supports or opposes the application.
  
  
• The decision the submitter wishes the Council to reach.
  
  
• Whether the submitter wishes to be heard (speak) at a hearing.
  
  
• Any conditions that the submitter believes should be imposed if the consent is granted.
  

A submitter must send a copy of the submission to the applicant as soon as is reasonably practicable after sending the submission to Council.

What Happens After The Submissions Close?

Submissions are analysed and, based on the information received, a decision is made on whether a hearing is required.

A hearing will not be required if all affected parties have responded indicating their support to the activity, and if all the effects on the environment have been satisfactorily addressed.  A consent will be granted and certain conditions may be placed on the consent.

A hearing will be required if there is opposition to the activity, or all the effects on the environment have not been satisfactorily addressed.

A planning officer's report is produced summarising the proposed activity, submissions received and how these were addressed and provides a record of the application process.

The report concludes with a recommendation which states whether or not consent should be granted and what conditions should be attached.

The report is circulated to all interested parties, applicants and submitters, five days prior to the hearing. - Hearings