Extending timeframes for certain expiring resource consents

This Order allows 33 water consents to continue as if the application for an extension had been made on time, as they were not able to meet the usual timeframes due to the severe weather events.

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What the Order does
Who the extension applies to

Effective

20 September 2023

Expires

31 March 2028

What the Order does

Usually, when a resource consent is due to expire but a consent holder wishes to continue with their activity, they must lodge a new application at least three months before the consent expires. If an application is made on time, the consent holder may continue their activity until the application is decided and any appeals resolved.

Due to the disruption of the severe weather events, 33 existing consent holders were unable to meet the three-month deadline to lodge a new application. This Order allows the activities covered by those 33 consents to continue as if the application had been made on time.

All 33 of these consent holders:

  • Had expiring water permit resource consents issued by Hawke’s Bay Regional Council.
  • Lodged new applications prior to their existing consent expiring, but not by the deadline of at least three months before expiry.
  • Obtain water from the Tūtaekurī, Ahuriri, Ngaruroro, and Karamū catchments of the Heretaunga Plains aquifer in the Hawke’s Bay.

Who the extension applies to

The 33 consent holders will be permitted to continue to implement their expired consents until a decision is made on their replacement application and appeals are resolved, or until 31 March 2028 when the Order expires, whichever is first.

Consent holders who will be able to continue to implement their expired consents will be contacted by Hawke’s Bay Regional Council with further information. If informed that they can continue to operate an expired consent, it is important that they follow all conditions of the original resource consent until a new decision is reached.

The Order does not enable any other consent holders within the Hawke’s Bay or wider affected areas to operate under expired water permit consents unless a replacement consent has been lodged in accordance with section 124 of the RMA.

Water permits issued by Hawke’s Bay have common expiry dates based on which sub-aquifer they obtain water from. The consent holders who missed the three month window all obtain water from the same aquifer and had permit expiry dates of 31 May 2023. Their deadline to prepare and lodge replacement applications fell in February 2023, which was when the severe weather events occurred and emergency recovery works were prioritised.