From time to time we are asked to give written approval for activities that need resource consent. What is the effect of these approvals and can we refuse? Joan Forret, of Harkness Henry in Hamilton, explains their significance and the matters to consider before we sign them.

Imagine that your neighbour wants to build a sleepout right on your boundary line. The sleepout will be higher than the existing 1.8m fence and will have a bedroom and bathroom. It is likely that your neighbour will need to get resource consent because the shed will be closer to you than the district plan permits. Your neighbour will probably ask for your written approval in order to avoid having to notify the consent publicly. Should you give your approval? What happens if you do?

Public Notification
The Resource Management Act 1991 ("RMA") says that most applications for resource consents must be notified publicly.

This usually means that a sign describing the proposed activity will go onto the site and there will be a public notice in the newspaper. Also, everyone whom the council considers to be affected directly by the proposal will be notified personally, including adjacent landowners and occupiers. This means that people can send submissions to the local authority, either supporting or opposing the consent application. Submitters will then be involved in the decision-making process because their submissions will be considered and they can appear at the hearing in person. Submitters can also appeal against the decisions. These appeals are heard in the Environment Court.

Non-Notified Applications
The notification process delays activities significantly. Thus, people try to avoid having to notify their consent applications publicly so that there are no submitters to be heard or to appeal. Applicants can avoid public notification when the adverse effects of the activity on the environment are minor and written approval is obtained from everyone who may be affected adversely. Naturally, your neighbour will want to avoid unnecessary expense and delay and will want you to give your written approval (usually by signing an affected party approval form).

Should You Give Your Approval?
You do not have to give approval. You are free to sign the written form or not. You may support the application or feel that it will not affect you adversely. In that case you may want to sign. Conversely, you may oppose the proposal, or just not wish to be involved. You are not obliged to sign.

If you do sign an affected party approval, there will be some consequences.

1. The local authority may decide not to notify the application publicly. The council may still decline the application, but there will be no opportunity for submissions and there will be no public hearing.
2. Whether it decides to notify the application publicly or not, the council cannot take into account any adverse effects that may happen to anyone who has given written approval.

You may withdraw your approval by writing to the council before the hearing (if there is one) or before the council decides on the application.

Conditional Approval?
You may not give conditional approval. For example, you cannot sign the approval form and say that you are signing on condition that your neighbour builds a new fence. The council cannot enforce such an agreement and cannot decide an application that involves conditions from other people.

You may, however, form side agreements with the applicant. For example, your neighbour may agree formally to build a new fence in return for your approval. Such agreements are separate from the local authority decision on the application. These agreements cannot be enforced by the council or under the authority of the RMA, but they can be enforced as a private contract.

Challenging A Non-Notified Application
If you do not sign the approval, the council may still decide not to notify the application. The council has to compare the effects of the proposal with what could happen on the site as of right. If there will be no additional adverse effects then the council may decide that your approval is not needed.

If you are affected by a proposal adversely, but did not sign an approval and the application was not notified, then you need to see your lawyer urgently. It is difficult (but not impossible) to challenge decisions not to notify applications. Speed and expert legal advice are required.

Summary
In conclusion, remember that many activities that affect you require resource consent from the local authority. If so, then you may become involved as an affected party. When deciding on how best to respond, remember: