What are Non-Notified Resource Consent Applications?

Non-notified resource consent applications are those applications that are not publicly or limited notified. The process for councils to determine whether resource consent applications are notified or not is outlined in “To Notify or Not to Notify”

If the council determines under the step-by-step process in s95A to 95G that the application does not need to be publicly or limited notified, then the application can proceed on a non-notified basis.  Non notified applications must be processed within 20 working days.

The non-notified process can also apply to applications to change consent conditions under s127 of the RMA.

For notified applications, refer to the relevant guidance note.

Fast Track applications

 The RLAA17 has amended the RMA to introduce a new fast-track process for particular types of resource consent applications.  They are those applications that are district land use activities with controlled activity status or an activity that regulations prescribe as being eligible to be fast tracked, and where the applicant has supplied an electronic address for service.  Fast track applications must be processed in ten, instead of the standard 20 working days.  Applicants can opt-out of the process if they wish (at the time of lodgement).

A fast track application ceases to be a fast track application if either the council determines that the application needs to be notified, or if a hearing is required.  The application is then continued to be processed via the standard resource consent process (depending on the notification path it follows), and the relevant timeframes that apply, noting that the date of lodgement of the original (fast track) consent remains the same. The process for councils to continue processing these consents on a notified basis is outlined in “Notified and limited notified applications”.

Section 127 applications for a change or cancellation of consent conditions cannot be processed via the new fast track process given that they must be processed as if they were a resource consent for a discretionary activity (s127(3)(a)) and to be eligible for the fast track process, the district land use activity must have a controlled activity status.