Request for information on the Resource Management Act 1991 (RMA) and whether it allows individuals who do not hold legal title to a property to submit resource consent applications affecting that property.
Response date
08 July 2025
Type
Departmental
Request for information on the Resource Management Act 1991 (RMA) and whether it allows individuals who do not hold legal title to a property to submit resource consent applications affecting that property.
Response date
08 July 2025
Type
Departmental
Details of the request
Under the Official Information Act 1982, I am requesting the following information regarding the Resource Management Act 1991 (RMA) and its implementation:
Policy and Legal Framework
- Does the RMA explicitly allow individuals or companies who do not hold legal title to a property to submit resource consent applications affecting that property?
- Is there any legal requirement within the RMA or its regulations for councils to notify, consult, or obtain written approval from the legal landowner before processing such applications?
- If no such requirement exists, what is the policy rationale for permitting resource consent applications to be submitted and processed without the landowner’s knowledge or consent?
- Has the Ministry provided any guidance to local councils on how to verify the applicant’s authority or ownership in relation to resource consent applications? If so, please provide that guidance.
- Has the Ministry identified or received any complaints or reports of misuse, conflict, or legal disputes arising from this provision in the RMA?
Governance and Accountability
- Is the Ministry aware of any data, audits, or case studies that track the frequency or impact of resource consent applications submitted by non-owners without owner knowledge?
- Has the Ministry considered reforming this aspect of the RMA or tightening procedural safeguards to prevent potential abuse or waste of council and ratepayer resources?
- Does the Ministry consider it a sound governance practice to allow councils to exercise discretion not to notify legal landowners of potentially impactful applications on their property?
I am seeking clarification on this issue due to concerns that the current framework may result in resource consents being processed and even approved without the knowledge of legal landowners, potentially leading to serious consequences, including civil disputes and misuse of public funds.