This section provides information on resource consent applications processed by local authorities in 2007/2008, along with any emerging trends. The topics covered are:
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resource consent applications processed (defined in section 87 of the RMA)
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certificates of compliance
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changes to consent conditions
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resource consent applications notified
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resource consent applications, by activity type
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resource consent applications where further information was requested
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pre-hearing meetings
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resource consent decision-makers
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declined resource consent applications
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objections and appeals.
The survey questions asked of local authorities are provided in appendix 6.
Resource consent applications processed
Local authorities were asked for the number and type of resource consent applications they processed through to a decision during 2007/2008 (appendix 6, questions 1.1, 1.6).
In 2007/2008 the number was 51,960, similar to the 51,768 consent applications processed through to a decision in 2005/2006. The 2007/2008 result is also close to the average number of consent applications processed for surveys since 1998/1999.
Figure 1 shows the number of consent applications processed in the seven surveys conducted since 1997/1998. While it shows some fluctuation in the number of consent applications processed over the past 10 years, the 2007/2008 result is within the usual range.
Figure 1: Number of consent applications processed to a decision, 1997/1998–2007/2008
| Survey period | Number of consent applications processed to a decision |
|---|---|
| 1997/1998 (n = 85) | 58,060 |
| 1998/1999 (n = 86) | 49,152 |
| 1999/2000 (n = 86) | 48,045 |
| 2001/2002 (n = 86) | 49,012 |
| 2003/2004 (n = 86) | 54,658 |
| 2005/2006 (n = 84) | 51,768 |
| 2007/2008 (n = 84) | 51,960 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Notes:
The survey question on which this figure was based was amended in 2005/2006 to clarify its intent. Nonetheless, the response from each survey period remains comparable.
The (n = ##) along the x axis refers to the number of local authorities that answered the question on which this analysis is based.
Resource consent applications processed, by local authority type
Territorial authorities again processed the greatest number of applications for resource consents lodged in 2007/2008 – 68.6 per cent. This compares with 23.5 per cent processed by regional councils and 7.8 per cent processed by unitary authorities. These percentages are almost identical to 2005/2006, when the results were 68.7 per cent, 23.6 per cent and 7.7 per cent respectively.
Table 1 shows the number and percentage of consent applications processed by each local authority type for the seven surveys since 1997/1998. An emerging trend is that over the past 10 years the proportion of consents processed by regional councils has increased (from 16 per cent to 24 per cent), while the proportion processed by territorial authorities has decreased (from 77 per cent to 69 per cent). There has been little change for unitary authorities. Appendix 1 provides the actual number of consent applications processed by each local authority.
Table 1: Number and percentage of consent applications processed, by local authority type, 1997/1998–2007/2008
| Survey period | Regional councils | Unitary authorities | Territorial authorities | All | |||
|---|---|---|---|---|---|---|---|
| Number of consent applications | Percentage of total consents | Number of consent applications | Percentage of total consents | Number of consent applications | Percentage of total consents | Number of consent applications | |
| 2007/2008 (n = 84) | 12,228 | 24% | 4,070 | 8% | 35,662 | 69% | 51,960 |
| 2005/2006 (n = 84) | 12,235 | 24% | 3,979 | 8% | 35,554 | 69% | 51,768 |
| 2003/2004 (n = 86) | 10,794 | 20% | 4,308 | 8% | 39,556 | 72% | 54,658 |
| 2001/2002 (n = 86) | 11,643 | 24% | 4,210 | 9% | 33,159 | 68% | 49,012 |
| 1999/2000 (n = 86) | 8,037 | 17% | 4,008 | 8% | 36,000 | 75% | 48,045 |
| 1998/1999 (n = 86) | 8,752 | 18% | 3,229 | 7% | 37,171 | 76% | 49,152 |
| 1997/1998 (n = 85) | 9,510 | 16% | 3,575 | 6% | 44,975 | 77% | 58,060 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Notes:
The survey question on which this table was based was amended in 2005/2006 to clarify its intent. Nonetheless, the response from each survey period remains comparable.
Due to rounding not all survey percentages sum to 100%.
The (n = ##) in the left-hand column refers to the number of local authorities that answered the question on which this analysis is based.
Resource consent applications processed, by consent type
Most resource consent applications processed in 2007/2008 were land-use consent applications (61 per cent). This was followed by subdivision consent applications (23 per cent), discharge (9 per cent), water (5 per cent) and coastal consent applications (3 per cent).
Figure 2 shows trends in the type of consent applications processed since the 1997/1998 survey. Similar to the 2007/2008 result, land-use consent applications were the most common resource consent applications processed in each of the previous six surveys. There has been a gradual decrease in the proportion of subdivision consent applications processed, and a gradual increase in the proportion of discharge consent applications processed. The proportions of the other consent types have remained relatively stable.
Figure 2: Percentage of consent applications processed, by consent type, 1997/1998–2007/2008
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Table 2 provides the same data in tabular form.
Table 2: Percentage of consent applications processed, by consent type, 1997/1998–2007/2008
| Survey period | Subdivision | Land use | Coastal | Water | Discharge |
|---|---|---|---|---|---|
| 2007/2008 | 23% | 61% | 3% | 5% | 9% |
| 2005/2006 | 24% | 59% | 3% | 5% | 8% |
| 2003/2004 | 24% | 63% | 3% | 5% | 6% |
| 2001/2002 | 20% | 62% | 5% | 6% | 6% |
| 1999/2000 | 26% | 61% | 3% | 4% | 5% |
| 1998/1999 | 28% | 60% | 2% | 4% | 5% |
| 1997/1998 | 31% | 59% | 2% | 4% | 5% |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Certificates of compliance
Getting the tick of compliance
A certificate of compliance can be issued by a local authority when a proposed activity is either permitted under a district plan or doesn’t need resource consent. The certificate confirms the activity is allowed and that no further consent is required.
Local authorities were asked for the number of certificates of compliance they issued under section 139 of the RMA (appendix 6, question 1.4).
In 2007/2008, 1177 certificates of compliance were issued. This is up from 2005/2006, when 1097 were issued.
Figure 3 shows the number of certificates of compliance issued over the past six survey periods. Although it shows that fluctuations have occurred over the past nine years, the number reported in 2007/2008 is within the usual range of certificates of compliance issued.
Figure 3: Number of certificates of compliance issued, 1998/1999–2007/2008
| Survey period | Number of certificates of compliance issued |
|---|---|
| 1998/1999 (n = 83) | 1350 |
| 1999/2000 (n = 85) | 2127 |
| 2001/2002 (n = 85) | 1069 |
| 2003/2004 (n = 85) | 1251 |
| 2005/2006 (n = 84) | 1097 |
| 2007/2008 (n = 84) | 1177 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Notes:
The survey question on which this figure was based was amended in 2005/2006 to clarify its intent. Nonetheless, the response from each survey period remains comparable.
The (n = ##) along the x axis refers to the number of local authorities that answered the question on which this analysis is based.
Changes to resource consent conditions
Local authorities were asked for the number of applications for changes to resource consent conditions (defined in sections 127 and 128 of the RMA) processed through to a decision (appendix 6, questions 1.2, 1.3).
Consent conditions can be changed
Consent conditions can be changed by using either sections 127 or 128 of the RMA. Section 127 allows a consent holder to apply to change or cancel a condition, except where the condition relates to the duration of a consent. Under section 128 local authorities can notify a consent holder that it intends to review their consent conditions. The circumstances under which such a review can take place are set out in section 128.
In 2007/2008, 4991 applications for changes to resource consent conditions were processed through to a decision, up from 2005/2006, when 3438 applications were processed. Of the 2007/2008 applications processed, most (4151, 83 per cent) were initiated by consent holders under section 127, and 840 were reviewed by local authorities under section 128.
Figure 4 shows that the number of applications for changes to consent conditions has steadily increased over the past five surveys, with three times as many applications processed in 2007/2008 than in 1999/2000. However, the number of applications for changes to consent conditions as a proportion of the total number of active consents is unknown.
Figure 4: Number of applications processed for changes to consent conditions, 1999/2000–2007/2008
| Survey period | Number of applications processed for changes to consent conditions |
|---|---|
| 1999/2000 (n = 75) | 1620 |
| 2001/2002 (n = 83) | 1690 |
| 2003/2004 (n = 86) | 2223 |
| 2005/2006 (n = 83) | 3438 |
| 2007/2008 (n = 84) | 4991 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Notes:
The survey question on which this figure was based was amended in 2005/2006 to differentiate between consent changes under section 127 and those under section 128. Nonetheless, the response from each survey period remains comparable.
The (n = ##) along the x axis refers to the number of local authorities that answered the question(s) on which this analysis is based.
Resource consent applications, by notification type
Local authorities were asked for the number of resource consent applications processed through to a decision that were ‘notified’, ‘limited notified’ or ‘non-notified’ for each consent type (appendix 6, question 1.6). Because one local authority recorded notified and limited notified consent applications together, its results have been included when collective analysis occurs but excluded from separate analysis of notified and limited notified consent applications.
What the categories mean
There are three different types of notification. The first, ‘notified’, involves advising the public of the application through media and direct communication. This is also known as ‘publicly notified’. The second, ‘limited notified’, requires directly affected parties to be advised of the application. These two types of notification occur when a local authority considers an application could have more than minor effects on the environment, or may adversely affect someone who has not given their written approval. The local authority can require that directly affected parties be informed (limited notification), or that the application is notified more widely to allow anyone who has an interest to lodge a submission in support or opposition (public notification). The third notification type, ‘non-notified’, does not require any other parties to be advised of the consent application.
Notified, limited notified and non-notified consent applications as a share of total consent applications
In 2007/2008 the predominant type of consent applications were non-notified (93.3 per cent or 48,504). This is similar to the 94.4 per cent (48,871) reported in 2005/2006. In 2007/2008, 6.7 per cent (3456) of resource consent applications were notified in some way (ie, notified or limited notified), up from 5.6 per cent (2897) in 2005/2006. The figures break down as follows:
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4.7 per cent (2409) of all consent applications were notified, compared with 4.1 per cent (2129) in 2005/2006
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1.9 per cent (975) of all consent applications were limited notified, compared with 1.5 per cent (768) in 2005/2006.
Figure 5 shows the percentage of consent applications notified in some way over seven survey periods. The percentage in 2007/2008 is the highest in 10 years, which means that a greater proportion of consent applications required notification to the public or to affected parties than in previous years. Although notification generally increases the cost of obtaining a consent (see the section on ‘Charges’), it also provides greater opportunity for public input into the decision-making process.
Figure 5: Percentage of consent applications notified in some way, 1997/1998–2007/2008
| Survey period | Percentage of consent applications notified (%) | Percentage of consent applications limited notified (%) | Percentage of consent applications notified in some way (%) |
|---|---|---|---|
| 1997/1998 | 5 | 0 | 5 |
| 1998/1999 | 5 | 0 | 5 |
| 1999/2000 | 5 | 0 | 5 |
| 2001/2002 | 6 | 0 | 6 |
| 2003/2004 | 4.81 | 0.68 | 5.49 |
| 2005/2006 | 4.11 | 1.48 | 5.59 |
| 2007/2008 | 4.68 | 1.89 | 6.57 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Notes:
The percentage of notified consent applications for the 1997/1998, 1998/1999 and 1999/2000 surveys has been rounded to a whole per cent. The remaining surveys have been rounded to two decimal places.
Before the 2003/2004 survey the limited notified notification type did not exist. Because the limited notification process came into effect after the 2003/2004 survey period began, the results from 2003/2004 shown here do not represent a full year’s data.
Notified and limited notified consent applications, by local authority type
Although the latest survey confirms a recent trend that local authorities are dealing with increasing proportions of consent applications that are notified in some way, figure 6 shows that increases are not evenly spread across the different local authority types.
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For regional councils, 9.5 per cent of all consent applications were notified in some way in 2007/2008, up from 7.3 per cent in 2005/2006. This increase reverses a steady downward trend over the previous six surveys.
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For unitary authorities, the percentage for 2007/2008 was 22.3 per cent, compared to 18.5 per cent in 2005/2006 and just 8 per cent in 1998/1999. The percentage of consent applications notified in some way has more than doubled since 1997/1998.
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For territorial authorities, 3.8 per cent of consent applications were notified in some way in 2007/2008, up from 3.6 per cent in 2005/2006. The percentage for territorial authorities has remained largely static since 1997/1998, with only slight increases in the 2005/2006 and 2007/2008 surveys.
Figure 6 also shows that unitary authorities had the highest proportion of consent applications notified in some way over the past four surveys. Regional councils had the next highest proportion, while territorial authorities had the lowest.
Figure 6: Percentage of consent applications notified in some way, by local authority type, 1997/1998–2007/2008
| Survey period | Regional councils (%) | Unitary authorities (%) | Territorial authorities (%) |
|---|---|---|---|
| 1997/1998 | 14 | 10 | 3 |
| 1998/1999 | 12 | 8 | 3 |
| 1999/2000 | 11 | 9 | 3 |
| 2001/2002 | 10 | 17 | 3 |
| 2003/2004 | 10 | 17 | 3 |
| 2005/2006 | 7.3 | 18.5 | 3.5 |
| 2007/2008 | 9.5 | 22.3 | 3.8 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Note: The percentage of consent applications notified in some way for 2005/2006 and 2007/2008 has been rounded to two decimal places. The remaining surveys have been rounded to a whole per cent.
Notified and limited notified consent applications, by consent type
The 2007/2008 survey also revealed increases in the types of consent applications (subdivision, land use, coastal, water and discharge) that were notified in some way. These are shown in table 3. Variations between notified and limited notified consent applications have been teased out, as follows.
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In 2007/2008, notified coastal consent applications rose to 21 per cent, from 15 per cent in 2005/2006; notified water consent applications rose to 24 per cent, from 20 per cent; and notified discharge consent applications rose to 9 per cent, from 7 per cent.
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In 2007/2008, limited notified land-use consent applications rose to 2 per cent, from 1 per cent in 2005/2006; limited notified coastal consent applications rose to 5 per cent, from 3 per cent (an increase of 93 per cent); limited notified water consent applications rose to 3 per cent, from 2 per cent; and limited notified discharge consent applications rose to 3 per cent, from 2 per cent (an increase of 58 per cent).
Table 3 also shows that, proportionately, coastal, water and discharge consent applications were most commonly notified in some way up to 2001/2002. In subsequent years these three consent types were still the most commonly notified in some way, but the proportion of discharge consent applications has decreased since 2003/2004.
Appendix 2 provides the percentage of notified and limited notified consent applications processed by individual local authorities.
Table 3: Percentage of consent applications notified in some way, by consent type, as a proportion of consent applications processed, 1997/1998–2007/2008
| Survey period | Subdivision | Land use | Coastal | Water | Discharge | Total | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Notified | Limited notified | Notified | Limited notified | Notified | Limited notified | Notified | Limited notified | Notified | Limited notified | Notified | Limited notified | |
| 2007/2008 | 3% | 1% | 2% | 2% | 21% | 5% | 24% | 3% | 9% | 3% | 5% | 2% |
| 2005/2006 | 3% | 1% | 2% | 1% | 15% | 3% | 20% | 2% | 7% | 2% | 4% | 1% |
| 2003/2004 | 3% | 1% | 3% | 1% | 14% | < 0.5% | 26% | 1% | 11% | 1% | 5% | 1% |
| 2001/2002 | 5% | – | 3% | – | 21% | – | 15% | – | 18% | – | 6% | – |
| 1999/2000 | 4% | – | 3% | – | 17% | – | 15% | – | 17% | – | 5% | – |
| 1998/1999 | 3% | – | 3% | – | 14% | – | 15% | – | 22% | – | 5% | – |
| 1997/1998 | 3% | – | 4% | – | 15% | – | 24% | – | 21% | – | 5% | – |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Notes:
Percentages are rounded to the nearest whole number.
Before the 2003/2004 survey, limited notified consent applications did not exist. Because the limited notification process came into effect after the 2003/2004 survey period began, the results from 2003/2004 shown here do not represent a full year’s data.
Resource consent applications, by activity type
Explaining the four categories for activities
Local authorities assess every application for a resource consent against their district or regional plans to see if a resource consent is required. Four categories of activities require a consent, and each category has a different level of local authority involvement. The four categories are:
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controlled – consent must be granted for such activities, but a local authority can impose conditions for particular activities if it has indicated that it may do so in its district or regional plan
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restricted discretionary – a local authority can determine whether or not to grant a consent and impose any conditions, but only for matters it has specifically reserved control over in its district or regional plan
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discretionary – a local authority can exercise full discretion over whether or not to grant a consent and what, if any, conditions to impose
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non-complying – a local authority can grant consent with associated conditions as long as it is satisfied that the adverse effects on the environment will be minor, or that the activity will not be contrary to the objectives and policies of the relevant plan.
Local authorities were asked for the numbers of consent applications processed through to a decision for each type of activity described in the box above (appendix 6, question 1.7). Applications involving more than one type of activity have been processed according to the most restrictive. Where multiple consents have been sought for the same project, each consent type was treated as an individual consent.
In 2007/2008 half of all resource consent applications processed were for discretionary activities, and about one-quarter were for restricted discretionary activities. These proportions are very similar to those from the last survey (as shown in table 4).
Table 4 shows that regional councils and unitary authorities process a much higher proportion of consent applications for discretionary activities than territorial authorities do. However, territorial authorities process a much higher proportion of consent applications for restricted discretionary activities. This reflects the lower use of the restricted discretionary activity class in regional plans.
Table 4 also shows that the percentage of consent applications for discretionary activities processed by regional councils and by unitary authorities has decreased between the last two surveys, while it has increased for territorial authorities. The reverse is true of consent applications for restricted discretionary activities.
The proportion of consent applications for controlled and non-complying activities processed has remained about the same for most local authority types. Unitary authorities and territorial authorities processed a higher proportion of consent applications for non-complying activities than regional councils.
Table 4: Percentage of consent applications, by activity type and local authority type, 2005/2006 and 2007/2008
| Local authority type | Controlled | Restricted discretionary | Discretionary | Non-complying | ||||
|---|---|---|---|---|---|---|---|---|
| 2007/2008 | 2005/2006 | 2007/2008 | 2005/2006 | 2007/2008 | 2005/2006 | 2007/2008 | 2005/2006 | |
| Regional | 18% | 18% | 9% | 7% | 71% | 74% | 2% | 1% |
| Unitary | 15% | 16% | 15% | 10% | 60% | 67% | 10% | 7% |
| Territorial | 21% | 20% | 28% | 32% | 42% | 39% | 10% | 9% |
| All | 20% | 19% | 23% | 25% | 50% | 49% | 8% | 7% |
Source: 2007/2008 and 2005/2006 RMA survey data.
Notes:
Due to rounding not all survey percentages sum to 100%.
Resource consent applications where further information was requested
Seeking more information from applicants
Local authorities can ask for further information from an applicant using sections 92(1) or 92(2) of the RMA.
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Section 92(1) allows a local authority to request further information about the nature and effects of a proposed activity.
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Section 92(2) allows a local authority to ask an applicant to agree to a report being commissioned if the council considers the activity could have a significant adverse environmental effect.
Local authorities were asked for the number of resource consent applications they requested more information for under sections 92(1) and 92(2) of the RMA (appendix 6, questions 1.8, 1.9). The combined results for both sections are reported here, which allows comparisons to be made with previous surveys.
In 2007/2008, further information was sought for 43 per cent (22,271) of resource consent applications, up from 32 per cent (16,760) in 2005/2006. Figure 7 illustrates the trend for increasing information requests over the past 10 years, with only a slight dip in the proportion of requests in 2005/2006. The proportion of resource consent applications for which further information was requested has increased by 95 per cent over the past 10 years.
Appendix 3 provides the percentage of further information requests for each individual local authority.
Figure 7: Percentage of consent applications for which further information was requested, 1997/1998–2007/2008
| Survey period | Percentage of consent applications for which further information was requested (%) |
|---|---|
| 1997/1998 | 22 |
| 1998/1999 | 28 |
| 1999/2000 | 33 |
| 2001/2002 | 35 |
| 2003/2004 | 35 |
| 2005/2006 | 32 |
| 2007/2008 | 43 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Pre-hearing meetings
Local authorities were asked for the number of notified and limited notified consent applications that pre-hearing meetings were held for under section 99 of the RMA. The survey also asked for the number of pre-hearing meetings that resulted in issues being resolved so that no hearing was required (appendix 6, questions 1.10, 1.11).
Pre-hearing meetings are good practice
Pre-hearing meetings are a good practice tool for clarifying and/or resolving issues associated with an application for resource consent. Although a pre-hearing meeting may not always be appropriate, when it is appropriate it can save time and costs for the local authority, submitters and applicant, as well as improving the quality of the decisions made.
Another avenue available to local authorities to resolve issues associated with an application for a resource consent is to refer the matters to mediation under section 99A of the RMA.
Proportion of pre-hearing meetings
In 2007/2008, 83 local authorities answered this survey question. Eleven per cent of consent applications notified in some way (ie, notified or limited notified consent applications) had pre-hearing meetings. This is down from 2005/2006, when 18 per cent of consent applications notified in some way had pre-hearing meetings. Eighty-four local authorities responded to this question in that survey.
Figure 8 shows that the proportion of consent applications notified in some way that had pre-hearing meetings has fluctuated over the past 10 years, decreasing between 1997/1998 and 1999/2000, and increasing until 2003/2004, when the proportion decreased again. The 2007/2008 result is the lowest in 10 years.
Figure 8: Percentage of consent applications notified in some way for which pre-hearing meetings were held, 1997/1998–2007/2008
| Survey period | Percentage of consent applications notified in some way that had a pre-hearing meeting (%) |
|---|---|
| 1997/1998 | 24 |
| 1998/1999 | 22 |
| 1999/2000 | 18 |
| 2001/2002 | 19 |
| 2003/2004 | 25 |
| 2005/2006 | 18 |
| 2007/2008 | 11 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Notes:
Before 2005/2006 the survey question asked for the number of pre-hearing meetings held for notified consent applications. In 2005/2006 and subsequent surveys the question asked for the number of pre-hearing meetings for notified and limited notified consent applications.
These figures do not include informal meetings, which are frequently used by local authorities to assist the resource consent process.
Table 5 distils this information further by showing the number of pre-hearing meetings held, by survey period. The fluctuating numbers of pre-hearing meetings follow the same pattern as described above.
Table 5: Number of pre-hearing meetings held for consent applications notified in some way, 1997/1998–2007/2008
| Survey period | Number of pre-hearing meetings held |
|---|---|
| 2007/2008 (n = 83) | 379 |
| 2005/2006 (n = 84) | 518 |
| 2003/2004 (n = 83) | 647 |
| 2001/2002 (n = 83) | 546 |
| 1999/2000 (n = 70) | 432 |
| 1998/1999 (n = 81) | 508 |
| 1997/1998 (n = 78) | 679 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Notes:
Before 2005/2006 the survey question asked for the number of pre-hearing meetings held for notified consent applications. In 2005/2006 and subsequent surveys, the question asked for the number of pre-hearing meetings for notified and limited notified consent applications.
The (n = ##) in the left-hand column refers to the number of local authorities that answered the question on which this analysis is based.
Percentage of successful pre-hearing meetings
Although the proportion and number of pre-hearing meetings fell, there has been an increase in the percentage of pre-hearing meetings that resolved issues so that no hearing was required. In 2007/2008, more than one-third (34 per cent, 126) of pre-hearing meetings resolved issues, up from 28 per cent in the last survey.
Figure 9 shows a fluctuating trend in the success of pre-hearing meetings. Between 1998/1999 and 2001/2002 the percentage of successful pre-hearing meetings decreased. However, from 2003/2004 the percentage has increased steadily. This increase coincides with a decrease in the proportion of pre-hearing meetings (see figure 8), although the relationship is not exact.
Figure 9: Percentage of pre-hearing meetings that resolved issues so that hearings were not required, 1998/1999–2007/2008
| Survey period | Percentage of pre-hearing meetings that resolved issues (%) |
| 1998/1999 | 40 |
| 1999/2000 | 35 |
| 2001/2002 | 23 |
| 2003/2004 | 25 |
| 2005/2006 | 28 |
| 2007/2008 | 34 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Note: Before 2005/2006 the survey questions asked for the number of pre-hearing meetings held for notified consent applications. In 2005/2006 and subsequent surveys the questions asked for the number of pre-hearing meetings for notified and limited notified consent applications.
Two local authorities provided information on the number of pre-hearing meetings held but did not advise how many of these meetings resolved issues so that a hearing was not required. Their figures have been excluded from the above analysis.
Pre-hearings, by local authority type
Table 6 shows the number of pre-hearing meetings held by each type of local authority and what percentage of these resolved issues. Unitary authorities clearly had the highest percentage success rate for their pre-hearing meetings.
Table 6: Number of pre-hearing meetings held on consent applications notified in some way and the percentage of pre-hearing meetings that resolved issues so that hearings were not required, by local authority type, 2007/2008
| Local authority type | Number of pre-hearing meetings held | Percentage which resolved issues so that no hearing was needed * |
|---|---|---|
| Regional | 249 | 33% |
| Unitary | 13 | 85% |
| Territorial | 117 | 29% |
| All | 379 | 34% |
Source: 2007/2008 RMA survey data.
* In 2007/2008 two local authorities provided information on the number of pre-hearing meetings held, but did not advise how many of these meetings resolved issues so that a hearing was not required. Their figures have been excluded from this column.
Resource consent decision-makers
Local authorities were asked how many resource consent decisions were made by different types of decision-makers – either local authority officers, independent commissioners, councillors acting as commissioners, councillors as part of a hearings panel, or other options (appendix 6, question 1.12).
In 2007/2008, across all local authority types, most decisions were made by local authority officers acting under delegated authority (85 per cent). Independent commissioners made 6 per cent of decisions, councillors as part of a hearing panel made 5 per cent, councillors acting as commissioners made 4 per cent, and the remaining decisions were made by ‘other’ decision-makers.
Figure 10 shows that over the past five surveys the majority of decisions have been made by local authority officers. The percentage of decisions made by independent commissioners has increased over the past three surveys from 1.2 per cent to 5.7 per cent, an increase of 72 per cent from the 2005/2006 figures (3.3 per cent), and a nearly five-fold increase from 2003/2004. The percentage of decisions made by councillors acting as commissioners has decreased over the past five surveys from 10 per cent to 3.5 per cent, a decrease of 65 per cent.
Figure 10: Percentage of consent decisions made, by decision-maker, 1999/2000–2007/2008
| Survey period | Local authority officers (%) | Independent commissioners (%) | Councillors acting as commissioners (%) | Councillors as part of a hearings panel (%) | Other (%) |
|---|---|---|---|---|---|
| 1999/2000 | 83 | 1 | 10 | 6 | 1 |
| 2001/2002 | 84 | 1 | 8 | 5 | 2 |
| 2003/2004 | 87.4 | 1.2 | 6.9 | 4.1 | 0.5 |
| 2005/2006 | 87.0 | 3.3 | 5.4 | 3.3 | 1.1 |
| 2007/2008 | 85.0 | 5.7 | 3.5 | 4.8 | 1.0 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Table 7 distils the information further by showing who made the decisions for each local authority type. A high proportion of decisions by regional councils and territorial authorities were made by local authority officers (92 per cent and 87 per cent respectively), while unitary authorities had a more even split of decision-making between local authority officers (48 per cent) and councillors acting as commissioners (42 per cent).
Table 7: Percentage of consent decisions made, by decision-maker and local authority type, 1999/2000–2007/2008
| Decision-maker | Survey period | All | Regional | Unitary | Territorial |
|---|---|---|---|---|---|
| Local authority officers | 2007/2008 | 85% | 92% | 48% | 87% |
| 2005/2006 | 87% | 93% | 50% | 89% | |
| 2003/2004 | 87% | 90% | 54% | 90% | |
| 2001/2002 | 84% | 91% | 53% | 85% | |
| 1999/2000 | 83% | 90% | 54% | 84% | |
| Independent commissioners | 2007/2008 | 6% | 3% | 2% | 7% |
| 2005/2006 | 3% | 1% | 1% | 4% | |
| 2003/2004 | 1% | 1% | 1% | 1% | |
| 2001/2002 | 1% | 2% | 1% | 1% | |
| 1999/2000 | 1% | 1% | 1% | 1% | |
| Councillors acting as commissioners | 2007/2008 | 4% | < 0.5% | 42% | < 0.5% |
| 2005/2006 | 5% | < 0.5% | 45% | 3% | |
| 2003/2004 | 7% | 1% | 41% | 5% | |
| 2001/2002 | 8% | 1% | 29% | 8% | |
| 1999/2000 | 10% | 1% | 39% | 8% | |
| Councillors as part of a hearings panel | 2007/2008 | 5% | 3% | 8% | 5% |
| 2005/2006 | 3% | 4% | 5% | 3% | |
| 2003/2004 | 4% | 6% | 4% | 4% | |
| 2001/2002 | 5% | 4% | 5% | 5% | |
| 1999/2000 | 6% | 6% | 6% | 6% | |
| Other (eg, mixed panel of councillors/commissioners) | 2007/2008 | 1% | 2% | < 0.5% | 1% |
| 2005/2006 | 1% | 2% | 0% | 1% | |
| 2003/2004 | 0.5% | 2% | 0% | < 0.5% | |
| 2001/2002 | 2% | 2% | 12% | < 0.5% | |
| 1999/2000 | 1% | 2% | 1% | 1% |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Notes:
The survey question on which this table was based was amended in 2005/2006 to clarify its intent. Nonetheless, the response from each survey period remains comparable.
Because of rounding, the percentages do not always sum to 100%.
Declined resource consent applications
Local authorities were asked how many resource consent applications were declined (appendix 6, question 1.5).
In 2007/2008, 0.74 per cent (385) of resource consent applications were declined, a slight increase from 0.69 per cent (357) in 2005/2006. Figure 11 shows there have been minor fluctuations in the percentage of declined consent applications over the past four survey periods.
Figure 11: Percentage of consent applications declined, 2001/2002–2007/2008
| Survey period | Percentage of consent applications declined (%) |
|---|---|
| 2001/2002 | 0.56 |
| 2003/2004 | 0.74 |
| 2005/2006 | 0.69 |
| 2007/2008 | 0.74 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Objections and appeals
Objecting and appealing council decisions
Under sections 357(1), 357A(1) and 357B(1) of the RMA an applicant can object to a local authority decision on such matters as the completeness of a resource consent application or any change, cancellation or review of an application that was not notified. Applicants can also object if the application was notified and no submissions were received.
The local authority may chose either to hear and determine the objection or, where officers have delegation to do so, they may deal with it. If an applicant is dissatisfied with the decision, he or she can lodge an appeal under section 358 to the Environment Court.
Where an application is notified by a local authority, an applicant or submitter can appeal the decision on a resource consent application or any change, cancellation or review of a condition to the Environment Court under section 120.
Local authorities were asked how many objections and appeals applicants made on resource consent decisions (appendix 6, questions 1.13–1.15).
Objections under section 357 of the RMA
In 2007/2008, 2.0 per cent (1029) of consent decisions were objected to under section 357 of the RMA, up from 1.3 per cent (696) in 2005/2006.
Appeals under section 358 of the RMA
In 2007/2008, 1.2 per cent (12) of the decisions objected to were then appealed to the Environment Court under section 358 of the RMA. This is fewer than the 2.0 per cent (14) of objected decisions appealed in the previous survey.
Appeals under section 120 of the RMA
In 2007/2008, 1.4 per cent (710) of decisions were appealed to the Environment Court under section 120, up from 1.0 per cent (529) in 2005/2006.
Total appeals under section 358 and section 120
Figure 12 shows the percentage of resource consent decisions appealed, under either section 120 or section 358. It shows the fluctuations over the past five surveys, and that the 2007/2008 result is within the usual range. A relatively large proportion of consent decisions were appealed in 2001/2002.
Table 8 distils the information further by showing the number and percentage of consent decisions appealed over time for each type of local authority. It shows that the percentage of consent decisions appealed has fluctuated for each local authority type, with greater fluctuations for regional councils and unitary authorities than for territorial authorities. Table 8 also shows that, in most survey years, regional councils have faced the highest percentage of appeals, while territorial authorities have always had the lowest.
Figure 12: Percentage of consent decisions appealed, 1999/2000–2007/2008
| Survey period | Percentage of consent decisions appealed (%) |
|---|---|
| 1999/2000 | 1.0 |
| 2001/2002 | 1.8 |
| 2003/2004 | 1.2 |
| 2005/2006 | 1.0 |
| 2007/2008 | 1.4 |
Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.
Note:
The survey question on which this figure was based was amended in 2005/2006 to acquire more information about the different types of appeals. Nonetheless, the response from each survey period remains comparable.
Table 8: Number and percentage of consent decisions appealed, 1999/2000–2007/2008
| Survey period | Regional councils | Unitary authorities | Territorial authorities | All | ||||
|---|---|---|---|---|---|---|---|---|
| Number of consents | Percentage of consents | Number of consents | Percentage of consents | Number of consents | Percentage of consents | Number of consents | Percentage of consents | |
| 2007/2008 (n = 84) | 331 | 2.7% | 90 | 2.2% | 301 | 0.8% | 722 | 1.4% |
| 2005/2006 (n = 84) | 190 | 1.6% | 82 | 2.1% | 271 | 0.8% | 543 | 1.0% |
| 2003/2004 (n = 85) | 308 | 2.9% | 35 | 0.8% | 308 | 0.8% | 651 | 1.2% |
| 2001/2002 (n = 86) | 437 | 3.8% | 85 | 2.0% | 371 | 1.1% | 893 | 1.8% |
| 1999/2000 (n = 79) | 96 | 1.2% | 61 | 1.5% | 329 | 0.9% | 486 | 1.0% |
Source: 2007/2008 RMA survey data and published reports for the periods indicated.
Notes:
The survey question on which this table was based was amended in 2005/2006 to acquire more information about the different types of appeals. Nonetheless, the response from each survey period remains comparable.
The (n = ##) in the left-hand column refers to the number of local authorities that answered the question on which this analysis is based.
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Resource Consent Application Processing
June 2009
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