This section provides information on timeframes for processing resource consent applications, along with any emerging trends. Specifically, it reports on:

  • resource consent applications processed within statutory time limits (ie, processed on time)

  • notified, limited notified and non-notified resource consent applications processed on time

  • the use of section 37 to extend time limits.

The timeframes for processing applications are described in sections 88B, 95, 97, 101 and 115 of the RMA. If one part of the consent application process falls outside the statutory time limit for that phase, but the entire consent application is processed within the overall upper time limit, it is considered as having been processed on time.

Resource consent applications processed on time

Local authorities were asked how many consent applications of each type were processed on time (appendix 6, questions 2.1–2.3). This includes resource consent applications where the time limits were formally extended by local authorities under section 37 of the RMA.

Extending the time limits of consent applications

Section 37 allows a local authority to extend the time limits specified in the RMA or Regulations. Under section 37A(2), it can extend a time limit for:

  • up to double the maximum period specified in the RMA, or

  • a time exceeding twice the maximum time period specified in the RMA if the applicant or requiring authority requests or agrees to the extension.

In 2007/2008, the overall percentage of consent applications processed on time was 69 per cent, down from 73 per cent in 2005/2006. The 2007/2008 survey result is the lowest for the past 10 years and continues a downward trend from 2001/2002 – that year, 82 per cent of consent applications were processed on time. Figure 13 shows the percentage of resource consent applications processed on time over seven surveys.

Figure 13: Percentage of consent applications processed on time, 1997/1998–2007/2008


Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.

Consent applications processed on time, by consent type

Table 9 shows the proportion of consent applications processed on time, by consent type (appendix 6, questions 2.1–2.3). This includes resource consent applications where the time limits were formally extended by local authorities under section 37 of the RMA.

In 2007/2008, 70 per cent of subdivision, 70 per cent of land-use, 76 per cent of coastal, 66 per cent of water and 59 per cent of discharge consent applications were processed on time.

In 2007/2008, the percentage of land-use, coastal, water and discharge applications processed on time decreased compared to the last survey. The only improvement was an increase in the percentage of subdivision applications processed on time. (Subdivision applications made up about one-quarter of consent applications processed in 2007/2008, while land-use applications made up 61 per cent of consent applications processed.)

Figure 14 presents the same information in table 9 as a graph. It clearly shows:

  • the percentages for land-use and discharge consent applications processed on time in 2007/2008 are the lowest for any survey period over the past 10 years

  • the 2007/2008 results for subdivision, coastal and water consent applications are within the range of results over the past 10 years

  • a steady decrease in the percentage of land-use consent applications processed on time from 1999/2000, and in coastal consent applications processed on time from 2001/2002

  • the percentage of subdivision consent applications processed on time improved in 2007/2008, reversing a downward trend from 1998/1999

  • a large drop in the percentage of discharge consent applications processed on time in 2007/2008, following an improving trend evident in the previous five surveys (discharge consent applications made up 9 per cent of all consent applications processed in 2007/2008).

Table 9: Percentage of consent applications processed on time, by consent type, 1997/1998–2007/2008

Survey period Subdivision Land use Coastal Water Discharge Total
2007/2008 70% 70% 76% 66% 59% 69%
2005/2006 66% 75% 81% 74% 80% 73%
2003/2004 74% 78% 82% 60% 79% 77%
2001/2002 79% 85% 86% 63% 75% 82%
1999/2000 79% 87% 62% 67% 73% 82%
1998/1999 81% 86% 69% 58% 61% 82%
1997/1998 77% 81% 84% 61% 66% 78%

Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.

Figure 14: Percentage of consent applications processed on time, by consent type, 1997/1998–2007/2008


Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.

Consent applications processed on time, by notification type

Local authorities were asked for the number of notified, limited notified or non-notified consent applications processed on time (appendix 6, questions 2.1–2.3). This includes consent applications where the time limits were formally extended by local authorities under section 37 of the RMA.

In 2007/2008, 52 per cent of notified consent applications, 57 per cent of limited notified consent applications and 70 per cent of non-notified consent applications were processed on time.

Figure 15 shows the percentage of consent applications processed on time, by notification type, for the three most recent survey periods. The results for 2007/2008 are the lowest across all three notification types and continue a downward trend that is broken only by a slight increase for notified consent applications in 2005/2006. Figure 15 also shows that the percentage of notified consent applications processed on time is consistently the lowest across all three surveys, while the percentage of non-notified consent applications processed on time is consistently the highest.

Figure 15: Percentage of consent applications processed on time, by notification type, 2003/2004–2007/2008


Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.

Note:

This figure excludes some results from one local authority that provided notified and limited notified consent application numbers as a combined figure.

Consent applications processed on time, by notification type and local authority type

Table 10 further distils the above information by showing the percentage of each type of consent processed on time for each type of local authority. The key findings are as follows.

  • In 2007/2008, regional councils processed 69 per cent of consent applications on time. This is a drop from 86 per cent in 2005/2006.

  • Unitary authorities improved their performance across the board. In 2007/2008, they processed 63 per cent of consent applications on time, up from 58 per cent in 2005/2006.

  • In 2007/2008, territorial authorities processed 70 per cent of consent applications on time. This is similar to the 71 per cent processed on time in 2005/2006.

Appendix 4 provides the percentage of consent applications processed on time by each local authority in 2007/2008 and ranks them accordingly. This ranking is compared to the 2005/2006 ranking. Appendix 5 provides a full summary of the percentage of notified, limited notified and non-notified consent applications processed on time by each local authority in 2007/2008.

Table 10: Percentage of consent applications processed on time, by local authority type and notification type, 2005/2006 and 2007/2008

Local authority type Notified Limited notified Non-notified Total
2007/2008 2005/2006 2007/2008 2005/2006 2007/2008 2005/2006 2007/2008 2005/2006
Regional 52% 70% 61% 70% 71% 87% 69% 86%
Unitary 52% 49% 55% 34% 67% 60% 63% 58%
Territorial 51% 48% 55% 63% 70% 71% 70% 71%
All 52% 56% 57% 60% 70% 74% 69% 73%

Source: 2007/2008 and 2005/2006 RMA survey data.

Note:

This table excludes some results from one local authority that provided notified and limited notified consent application numbers as a combined figure.

Use of section 37 to extend time limits

Local authorities were asked whether they used section 37 to extend the time limits set in the RMA (appendix 6, questions 6.7–6.9). This can be done using the following clauses.

  • Section 37A(2)(a) provides for the specified time limit to be exceeded, but not by more than twice the maximum specified in the RMA.

  • Section 37A(2)(b) allows the time limit to be extended by more than twice the allowed maximum time if the applicant agrees or requests this.

Effective time management

It is considered good practice to use the relevant clauses of section 37 to formally extend timeframes rather than allowing consent application processes to run over time limits without clearly informing the applicant and/or other interested parties.

However, extensions should only be used where there are good reasons and the delay is beyond the control of the consent authority. It is good practice to restrict the extensions of timeframes to occasions when further consultation, negotiation, analysis or consideration of very complex applications is required.

In 2007/2008, section 37 was used for 28 per cent (14,512) of all consent applications processed, compared with 17 per cent (9065) in 2005/2006. This is an increase of 60 per cent and continues the general upward trend over the previous six surveys, as shown in figure 16. The proportion of resource consent applications for which timeframes have been extended using section 37 has increased nine-fold over the past 10 years.

In 2007/2008, 87 per cent (72 out of 84) of local authorities used section 37, up from 82 per cent (70 out of 85) in 2005/2006. In 2007/2008, most consent applications that had extended time limits used section 37A(2)(a) (80 per cent), with the remainder using section 37A(2)(b). These percentages are based on responses from the 71 local authorities that provided this information.

Figure 16: Percentage of consent applications extended by the use of section 37, 1997/1998–2007/2008

Survey period Percentage of consent applications extended by the use of section 37 (%)
1997/1998 3
1998/1999 3
1999/2000 6
2001/2002 6
2003/2004 13
2005/2006 17
2007/2008 28

Source: 2007/2008 RMA survey data and published survey reports for the periods indicated.

 

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