Ngā ara tautohe me te whakahē whakaaetanga ā-rawa Resource consent appeals and objections

If you are not happy with the decision on your resource consent, you have two options:

• You can object to us about the decision (or part of the decision, such as the consent conditions).
• You can appeal the decision to the Environment Court, however there is no right of appeal for a boundary activity unless that boundary activity had a non-complying activity status (section 120 of the Resource Management Act).

If you take the first option, to object to us, and you are unhappy with the outcome of the objection, you can then appeal our decision on your objection to the Environment Court.

You have the right to object to a resource consent decision, or to the additional charges we impose for the cost of processing your application under two sections of the Resource Management Act (RMA). 

You can also request a review of the working day discount calculation that relates to the processing of your application.

You can object under section 357A of the Resource Management Act to conditions of a consent, for example if:

• the application was not publicly notified or
• the application was publicly or limited notified, but no submissions were received or
• the application was publicly or limited notified and there were submissions, but they were later withdrawn.

In your objection, you must include the reasons for the objection.

You can also object under section 357B of the Resource Management Act if we require you to pay additional processing charges or costs, after we make the decision on your application for resource consent.

You need to send your objection to us in writing within 15 working days from the date you receive our invoice.

In your objection, you must include the reasons for the objection.

3. Request a review of the working day discount calculation

You can request a review of the working day discount calculations if you feel that a larger discount is due, or if none has been given. 

Before requesting a review, read Process for resolving disputed (PDF 302KB) on the Auckland Design Manual website to understand the process we follow when reviewing your submission.

Your objection can be emailed directly to:

RCappeals@aucklandcouncil.govt.nz

or alternatively, addressed to:

General Manager, Resource Consents
Auckland Council
Private Bag 92300
Victoria Street West
Auckland 1142

The objection process will follow these steps:

1. We will consider your objection as soon as practicable and within 20 working days for section 357A objections.
2. A planner from the council will consider the objection and discuss it with you. Where resolution cannot be reached, our planner will prepare a report on your objection, summarising the matters that have been raised, and provide a recommendation to either uphold or dismiss your objection.
3. You may request a hearing to be held to consider your objection. You may also request an independent commissioner be appointed to determine the objection. You will get a copy of our planner's recommendation report, an invoice for a deposit of $1500 (unless it is a fee objection hearing), and at least five working days' notice of the date, time and place of the hearing..
4. The objection may be dismissed or upheld, either in whole or part. We will give you a decision on your objection in writing within 15 working days of the hearing.

If you are not happy with our decision on your objection, you may appeal to the Environment Court within 15 working days of the date you received the objection decision.

Appeals to the Environment Court can be made by:

• the applicant or consent holder
• anyone who made a submission.

You need to make your appeal on the prescribed form and pay a filing fee.

To find out more, visit the Environment Court website.

You need to lodge your notice of appeal with the Environment Court and send us a copy of your notice of appeal within 15 working days of receiving the decision.

Your notice of appeal can be emailed directly to:

RCappeals@aucklandcouncil.govt.nz

or alternatively, addressed to:

General Manager, Resource Consents
Auckland Council
Private Bag 92300
Victoria Street West
Auckland 1142

You also need to send a copy of your notice of appeal to every person who made a submission on the application.