Flow Chart

Text Description for flow chart: Resource Consent Applications for Proposals of National Significance

1. Resource consent applications for proposals of national significance can be lodged in two ways. They can either be lodged with the Environmental Protection Authority (EPA) or with the local authority.
2. The EPA must make a recommendation to the Minister about whether the resource consent application is, or is part of, a proposal is of national significance and whether it should be referred to a board of inquiry or the Environment Court for a decision.
   
   The Minister can receive a request from the applicant or the local authority that he or she refers a resource consent application, related to a proposal of national significance (that has been lodged with the local authority), to a board of inquiry or to the Environment Court for a decision.
   
   The Minister can also act on his or her own initiative to refer a resource consent application related to a proposal of national significance (that has been lodged with a local authority) to either a board of inquiry or the Environment Court for a decision.
3. The Minister makes a decision on how the resource consent shall be dealt with by making a “direction”.
4. If the proposal is of national significance, the Minister can make a direction to refer the resource consent application to a board of inquiry to consider and decide.
   
   OR
   
   If the proposal is of national significance, the Minister can make a direction to refer the resource application to the Environment Court to consider and decide.
   
   OR
   
   Alternatively the Minister can decide to refer the resource consent application to the local authority to consider and decide.
5. If the application is referred to either a board of inquiry or the Environment Court, then the Environmental Protection Authority will notify the application, call for and receive submissions.
   
   If the application has been refereed to the local authority it will decide how the application shall be notified and will call for, and receive any submissions.
6. If the application is referred to a board of inquiry, the board of inquiry will hold a hearing.
   
   If the application is referred to the Environment Court, the Environment Court will hold a hearing.
   
   If the resource consent application has been referred to the local authority it will hold the hearing (if it decides one is to be held).     
7. Either a board of inquiry, the Environment Court or the local authority makes a  decision on the resource consent application, depending on who is dealing with it.
8. In the case of a decision made by a board of inquiry or the Environment Court  an appeal can only be made to the High Court on points of law. If the decision was made by the local authority then an appeal can be made to the Environment Court.