Affected Persons in the Resource Consent Process

This page provides information about affected persons and their role in the resource consent process.

  • Who are 'Affected Persons'?
  • Who gets to be an Affected Person?
  • What should I know as a Resource Consent Applicant?
  • What To Do if You Are an Affected Person

Who are 'Affected Persons'?        

When processing a resource consent application, the Tasman District Council decides who (if any) persons will be adversely affected.  If the adverse effect on those persons is minor or greater then those persons will be identified as 'affected persons'.  Those affected persons will then have rights in the consent process.

For example, if someone wishes to build a house that is higher than what is permitted in the Tasman Resource Management Plan then the persons whose views or sunshine are blocked may be identified as affected persons (if the effects are great enough).  Another example would be if a person wanted to discharge chemicals onto the ground.  A person who has a water supply bore down stream may be considered to be an affected person.

Who gets to be an Affected Person?

When the Council receives an application for a ‘resource consent’, Council staff determine who might be affected by the activity proposed in the application.  Council staff advise the resource consent applicant which ‘affected parties’ written approval will be required from, and the applicant is then left to approach the affected parties and obtain their written approval.  Neighbouring land owners, users of the same natural resource (e.g. ground water or gravel) in the same area, local iwi, community or environmental groups, Fish and Game, and the Department of Conservation are examples of who might be considered an ‘affected party’.

What should I know as a Resource Consent Applicant?

If you are making an application for resource consent and you would like your application to be processed as Non-Notified (i.e. no submissions or hearing) then you should try to get the written approval of all people or organisations who may be affected by your proposal. 

You may approach the people you think may be affected before you lodge your application.  Alternatively, you may wait until the Council has decided whom it considers to be affected persons, and then you can just talk to those persons.  The Council will let you know by letter if it considers any parties to be adversely affected. 

It is important that you are aware that the final decision as to who is adversely affected by your proposal rests with the Council.  This can only be challenged by proceeding with a Judicial Review through the High Court.

What To Do if You Are an Affected Person

If you are identified by Council as an affected party, it is important that you make sure you understand the nature and scale of the proposed activity, and all of the potential impacts that the proposed activity could or will have on your interests (your property, your lifestyle, your use of the same natural resource) before you provide ‘written approval’.  

The applicant should provide every affected party with a full copy of the resource consent application (the original application having been lodged with the Council) as well as any further information the applicant has subsequently compiled and/or any amendments made to the original application.  

If you do not understand some of the information provided to you, Council recommends that you seek further explanation from either the applicant, and/or an independent third party, like a resource management consultant or lawyer.