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Report Template Guide

What you will find in this chapter

Guidance around:

 How to use the report templates


 When to use fast track, standard or complex versions of the
templates
 Links to other CPM chapter and resources that will guide you
in your evaluation and help you in your record of judgment of
the application

1.1. Reasons for the application(s)


Generally this is not used in the body of the standard template report – being only in
the ‘reasons for consent’ part of the draft decision. However, the following sets out the
style you will need to use. For any hearing report, recommendation to notify, or
complex report, you will be listing the reasons for consent in the body of your report.

You list the reasons for consent under the relevant consent type, relevant plan and /
or national environmental standard. The sequence should reflect and be consistent
with the application number / type guidance provided on Page 2 of this guide.
Guidance is also found in Information Sheet 4 of this document on what each type of
consent deals with and how to structure reasons for consent. Remember – if you’re
using the complex report template you will also be cut and pasting this into the
recommended decision.

For land use consents detail the rule, reason and scope of infringement. Be realistic
in terms of units of measurement and degree of infringement (e.g. use realistic
rounding of numbers as necessary – going to two decimal places is unrealistic for a
coverage control infringement).

The format for the names of the plans is:

• Auckland Council District Plan (xx Section)


• Auckland Unitary Plan (Operative in Part)

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You must cover the following key elements to
clearly identify: More detailed guidance on the logic
and structure can be found in
• the activity (including appropriate metrics Information Sheet 2 to this guide, with
as necessary to inform scope) examples in Information Sheet 1.
• extent of any infringement that informs
the application of the relevant rule / Examples can also be found
activity status; the rule, activity status separately in the Word document:
Report Template Worksheet
If other consents are required but do not form
part of the proposal, then this is the place to
acknowledge that these are required, and fall
outside the scope of the report/assessment (e.g. controlled / restricted discretionary
activity where consents don’t overlap).

If there is any outstanding disagreement on the relevant rule – such as where the
applicant’s planner asserts one rule is relevant, and you hold a different professional
interpretation - then highlight the difference for the decision maker and your reasons
for the favoured interpretation insofar as it affects the activity status. If you using the
standard report template, this is the one exception when you would use the ‘reasons
for the application’ section in your standard report template (i.e. go to the complex
report template and paste the section into your standard report template)

The CPM has guidance on legal effect and weighting, and on proposed plans (aka
unitary plan) & plan changes / variations.

Relevant matters you may be addressing here:

• If the consent status changes during the processing of the application, make a
statement about s88A. These are included in specific PAUP DV templates;
• If a proposed plan rule has become operative (cf. legal effect) then acknowledge
that the consents were required under both operative and proposed plans when
lodged. However as those proposed provisions have become operative, and the
operative when lodged rules have ‘fallen away’ then you make a statement about
being operative under sections 88A and 86F;
• If there are operative and proposed plan rules, and the activity status has changed
(e.g. PAUP DV notified with legal effect where previously none; or PAUP DV rule
changing status from PAUP NV with legal effect) then make statement under s88A
that activity status remains the same as when lodged;
• If you are relying on an activity requiring consent as a discretionary activity under
s87B, identify your reasoning here. With the PAUP DV the default position is that if
consent is required and it does not fall under an identified rule, then consent is
required as a discretionary activity – so you can rely on that rule;
• You may also acknowledge that there may be rules that do not have legal effect
under s86B or have not become operative under s86F, and so under s86G do not
form part of the consideration (under s86G). With the PAUP DV as at 19 August
2016 this is not relevant, but may be so for future plan changes or variations.

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Multiple or integrated consents
Where the proposal requires multiple consents (e.g. district and regional consents)
group the reasons for consent under: firstly, the individual consent type; and,
secondly the planning document. For instance the district land use consent will
include all the reasons for consent under district rules – based on the rules breached.

The style of language you use is derived from the type of resource consent (see ss9
to 15 of the RMA) that you’re dealing with. If the consent type is based on a
permissive presumption – that the activity is permitted except where a rule in a plan
makes it otherwise (e.g. district or regional land use consents under s9) – the
language used should reflect the language used in the relevant district rule or regional
rule.

If the consent type is based on the converse presumption – that consent will be
required unless a rule in plan makes it permitted – then the language you use is
driven by the language in the RMA section for that consent type.

See Information Sheet 1: district and regional consent examples for examples of
language to use. Also refer the Information Sheet 4: types of resource consents
and Information Sheet 5: types of resource consents, duration and transfer for a
summary table on example notations by consent.

2. Status of the applications


You can always use bullet
This is where a more specific ‘overall’ status for
points in your report. Select
the application is provided and will be
the bespoke report template
determined by the ability to bundle the varying
bulleted list style in MS
consents within and across operative / proposed
Word (AC BodyText Bullets
planning frameworks.
style)
Bundling is assessed on a case by case basis.
However – for most applications involving
discretionary / non-complying activities under
both operative and proposed planning
frameworks, a simple statement need only be
made that the most restrictive overall status is to
be applied. This is as it will be a rare occurrence
that the bundling test is not satisfied – namely
that the effects do not overlap, and the implementation of one consent will not will
have an effect on the other.

Where there are differing statuses (specifically controlled and/or restricted


discretionary under either planning framework) between operative and proposed
planning frameworks, you also have to consider whether the effects will overlap within
the context of the matters for control or discretion being very constrained. The
council’s position is as follows:

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• The applicant has applied for all of the relevant consents together as a ‘bundled’
application and the council is considering the applications in the same holistic
manner (i.e. business as usual – as quickly and efficiently as possible). In this
case, the relevant template contains a simple statement reaffirming the bundling
principles; or
• The applicant seeks to separate consents (unbundling) under (or within) operative
plans and/or the PAUP. As the reporting planner you apply the bundling reasoning
below and assess whether any of the consent applications should be more
appropriately dealt with concurrently (unbundling), or whether the consents satisfy
the bundling principles and should be bundled.
Whenever bundling applications, you apply the most restrictive activity status - e.g. if
restricted discretionary and discretionary, the overall activity status would be
discretionary.

The principles behind the council’s ‘bundled’ approach to integrated decision making,
and when unbundled applications are appropriate, are detailed in the integrated
consents CPM chapter, and also in the proposed plans and plan changes CPM
chapter. The PAUP DV includes the approach in Chapter C. Further guidance on
report formatting is provided in sections following.

If an applicant has requested separate applications to be concurrently considered


(and this request is consistent with the above principles), separate notification and
substantive assessments will need to be carried out, with a single decision and set of
conditions. There may be instances where a request to ‘unbundle’ is made but not
supported by the bundling principles and you then must follow the ‘business as usual’
bundled approach.

In both instances, the following statement is recommended for insertion (and


subsequent addition/modification to suit):

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The applicant/agent has raised the issue of possible separation
of consent matters before the council. There are three principles
to satisfy in order to determine whether it is appropriate to
‘unbundle’ consents rather than consider an application ‘in the
round’ with an overall consent activity status. These are as
follows:

• One of the consents sought is classified as a controlled or


restricted discretionary activity.
• The scope of the council’s discretionary judgement is
relatively confined.
• The effects of exercising the consents would not overlap or
have consequential or flow on effects.
Having reviewed the reasons for separation of consent matters put
forth by the applicant/agent: [provide your reasoning below on
whether the proposed unbundling put forward by the applicant is
indeed appropriate given the above case law].

In summary, it is/not appropriate to unbundle the [state clearly


which activities or matters you are looking to consider separately]
as the tests for unbundling are /not met.

3. Notification assessment
3.1. Introduction
Remember – you have selected this template as you have already formed a view
(after consideration) that the proposal is non-notified – and this report is recording
your existing evaluation.

Templates are also available for a notification recommendation and for a hearing
report.

Any part can be cut and pasted to another template, should any issue result in re-
consideration of your recommendation path.

Individual service centres will have had the template modified to reflect specifics of
their relevant plans (e.g. some controlled or restricted discretionary activities under
plans always proceed without public and / or limited notification).

Refer to the CPM chapter for guidance on the process steps for notification.

Bundled applications
Bundling is standard practice for the council as a unitary authority.

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When bundling between operative plans and the PAUP with different statuses – the
‘public notification assessment’ section provides several template statements
regarding the bounds of the notification assessment under operative plans and the
PAUP. As bundling is the norm, the templates are based on a bundled approach.

Concurrent applications
If you are processing an application for several resource consents and it meets the
un-bundling test (applicant seeking it, and effects don’t overlap and effect of
implementing one consent doesn’t impact the other – see section 6 above), then your
notification assessment needs to be structured to accommodate this process. In
almost all instances this will be at the request of the applicant – remembering that you
as the planner have to be satisfied that it is appropriate to unbundle in the
circumstances.

If the applications are concurrent, you will need to carry separate assessments and
make separate findings and recommendations for public notification, special
circumstances and limited notification. This can also include separate findings in
regard to permitted baseline and receiving environment considerations.

3.2. Adverse effects assessment

Adjacent land
Adopt where you agree with the applicant’s AEE. Supplement their conclusions as
needed – i.e. if you believe there are additional sites that fall within adjacent land –
then add these too.

Provide a rationale for what you believe is adjacent, within the context of the
circumstances of the application.

If you’re using the complex report for a more complex application, list the addresses.
Using physical addresses is satisfactory where they are clearly defined on the locality
map. Use the legal description if necessary e.g. rural environments, or for instance
multiple units on a single lot.

Written approvals
Refer to page 21 of the CPM chapter on notification determinations for guidance.

List any written approvals, and whether they are from owners or occupiers. If not
already done, mark up the site locality aerial image. Cross check against titles (e.g.
where more than one owner, have all owners signed?)

Trade competition

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Despite the fact trade competition is rarely relevant on most applications, it has still
been included in the template. Delete if there are none. You will likely find trade
competition relevant when a third party asserts that they are affected. Where there is
any potential for adverse trade competition
effects then you will need to identify those
effects that are considered trade competition
Cross referencing.
and are disregarded.
Cross referencing in a
Permitted baseline report is very useful. For
Refer to the permitted baseline and existing readability and ease of
environment CPM chapter for guidance. formatting only high level
section numbers are used.
The structure typically would include: To cross reference, you
refer to the section and
• Statement as to what the statutory
heading. This also makes
permitted baseline comprises.
it easier for the reader to
• Is the permitted baseline being applied?
understand which section
• If not, why is the permitted baseline not
they were reading (‘section
being applied?
6.5‘ means they must go
One reason why you may not use a permitted back as it imparts little
baseline is where it is set so low as to be information; but ‘Section 6
unhelpful – such as a 5m3 water take being Adverse effects
permitted within the context of an application assessment section’
for 730m3. immediately tells them
which section and what it
Receiving environment (non- was about that they had
statutory permitted baseline) read and retained).
Refer to the permitted baseline and existing If your report is really
environment CPM chapter for guidance. complex then you might
This is where you can emphasise particular include both the heading
elements of the surrounding environment /or sub heading name and
(both existing and reasonably foreseeable) a cross reference to the
that already result in a certain type and page number.
degree of effects being experienced. The e.g. Historic heritage
reasonably foreseeable receiving effects, p4.
environment also includes the effects from
implemented and un-implemented resource
consents on the subject site (noting that
unimplemented consents on the subject site
are not relevant if the consent proposal
replaces them, rather than sitting alongside them).

Adverse effects assessment


Refer to the notification determination CPM chapter for guidance.

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The adverse effects assessment would not be done in the notification section if you
are using a controlled or restricted discretionary activity template and a rule in a plan
precluded notification.

You would have laid your building blocks in the ‘proposal, site and locality description
section’ for any characteristics or features you’ll be referring to in your assessment of
effects.

E.g. if there is some vegetation that acts as screening; or some separation distance
that mitigates an adverse effect, these physical features or characteristics /
relationship between activity and receptor’s location in surrounding environment have
been identified already.

Use sub headings to ‘group’ types of adverse effects that you have considered in your
evaluation, e.g. visual effects; character effects; ecological effects; sediment effects;
water quality effects; ecological effects. NB cultural effects on iwi relationships with
ancestral lands etc. should also be considered under the limited notification
assessment.

Refer to the notification determination CPM chapter for some types of effects, such as
cumulative effects.

Notification pointers:

• Evaluation is a continuum – and you identify where any adverse effects falls on
that e.g. nil, less than minor, or minor etc.;
• For notification take a step back and take an overarching single view on the
degree of effects from all the types of adverse effects you have identified. This
will be a under a final conclusion, that will feed into your public notification
assessment;
• The adverse effects assessment is often a core part of planning reports. You can
and should structure it to the importance, scale and complexity of the issues.
More complex or nuanced applications for instance, may need you to have a
section before your assessment of adverse effects on the existing (receiving)
environment and the existing effects already there. This is especially important
where there are unimplemented consents or the receiving environment is in a high
state of change;
• Discussion of each type of adverse effects should typically be structured along the
following: identification of the potential issue; your actual assessment; and, a
summary statement / finding;
• When you have received any comments from iwi and / or the Local Board,
consider whether any issues raised relate to adverse effects (e.g. cultural effects,
character and / or amenity value effects), and address them in your assessment
accordingly;
• Provide a concluding statement / summary regarding the adverse effects. In the
instance of applications where there is a controlled / restricted discretionary
activity status under the operative and/or proposed plans, then a distinct finding
under each planning framework will need to be provided.

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Special circumstances
Make a succinct statement regarding why you believe that special circumstances do
not apply. Remember - just because an activity status may be controlled or restricted
discretionary, you cannot rely on the activity status as proof that there are no special
circumstances.

If the activity status is controlled or restricted discretionary and public notification is


precluded by a rule in the plan, then special circumstances alone is available, with no
residual discretion under s95A(1).

And if you do think that there may be special circumstances, then you would have
used the notified recommendation template.

Section 95A general discretion


There is a general discretion under section 95A(1). This is included in the final
notification recommendation. Generally you will not need to add anything to this. But
on a case by case basis – if you deem it relevant – you can expand your reasoning.

3.3. Public notification conclusion


This is your list of the reasons for non-notification determination included in the
discretionary and non-complying template. Make a statement regarding the overall
degree of adverse effects, and special circumstances

If the controlled or restricted discretionary activity template has been used, then the
template will also have addressed whether any rule in plan(s) preclude notification.

Refer to the notification determination CPM chapter for guidance.

4. Limited notification assessment


You will need to clearly address why any particular parties – both owners and
occupiers of properties, as well as any other relevant person (beyond any that have
given their written approval) are not adversely affected to the degree to warrant their
written approval, or them being involved in a limited notification process, as
necessary.

Refer to the notification determination CPM chapter for guidance.

Note the statutory acknowledgment areas within the Auckland region.

4.1. Additional matters that may be included


If the council has received communications in which somebody has asserted they are
affected, acknowledge this correspondence in your assessment, and state your
opinion on why they are not affected.

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4.2. Unreasonable in circumstances
If a person is affected but it is unreasonable in the circumstances to require their
written approval, then detail your assessment here.

Refer to the notification determination CPM chapter for guidance.

4.3. Customary rights / marine title groups


Any customary marine title or protected customary rights holders affected can be
identified via the Ministry of Justice website. Council is updating its GIS with this
information.

4.4. Statutory acknowledgment areas


To check on the proximity of the subject site /
resource to an identified statutory acknowledgment
area, use the spatial information on the council’s
Tangata Whenua layer on Geomaps.

5. Notification recommendation
In your own words – make recommendations on key
points:

• Any further information requests under s92 have been satisfied;


• Public notification - adverse effects on the environment - using thresholds of no
adverse effects, less then minor, or minor;
• Limited notification (noting written approvals, any circumstances where you’re of
the view it’s unreasonable to require written approvals, and using adverse effects
thresholds on persons of no adverse effects or less than minor);
• That no special circumstances exist;
• If do find you have an unbundled (i.e. concurrent) controlled and restricted
discretionary activity consent (where the matters clearly don’t overlap for example)
then you will need to make separate sets of recommendations for each concurrent
consent(s).

6. Consideration of the application


The following applies to the complex report template – for the
standard report template your consideration is in the draft decision
/ recommendation section.

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6.1. Introduction – formatting discretionary and non-complying
activities
If the activity was non-complying, you will need to reformat the
particular restrictions for non-complying activities section. Highlight
text and change font colour.

Other sections which will have required changes would have been:

• Page 1 – report heading


• Actual and potential effects – under adverse effects
• Recommendation and decision (relevant sections considered).

6.2. Statutory considerations


Depending on the activity status the templates provide appropriate statements to
outline the limitations of council’s assessment. These will be a mixture of clear
limitations as bound by s104A and/or s104C, or as allowed by s104B.

Reference should also be made to the substantive decisions CPM chapter for
guidance, as well as the proposed plans and plan changes CPM chapter.

6.3. s104(1)(a) – Actual and potential effects


Any limitations stated above will flow on through to the actual and potential effects
assessment – state the limits of any particular assessment under operative and/or
proposed planning frameworks if the council’s control has been reserved under
s104A or discretion restricted under s104C. This will typically be a summary of the
types of effects particular assessment criteria deal with.

Positive effects
Take a step back and consider the actual and potential positive effects of the
proposal if it were implemented.

Adverse effects
Where you have already done an adverse effects assessment for notification
(including for restricted discretionary activities), then the adverse effects assessment
here may cross refer to the notification assessment.

Where you are recommending any conditions that relate to the management of
adverse effects, make a clear link in your effects assessment, so the decision maker
will clearly understand why they form part of your recommendation.

6.4. s104(1)(b) – relevant statutory documents


Under s104(1)(b) you are considering the relevant statutory documents.

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For applications involving controlled / restricted discretionary activity statuses under
either of the planning frameworks, the relevant template provides a summary
statement to the effect that any consideration will be limited / bound by the scope of
control / discretion that the council has specified.

Your basic methodology in addressing these is to:

• name the statutory document,


• identify why it is relevant,
• what parts are relevant, and
• provide a concise narrative on how the proposal sits within the frame of these
documents.
Where the applicant’s AEE has provided analysis you agree with, you should cross
refer and adopt such analysis.

The template is structured on the flow and format of section 104(1)(b) and elements
expanded upon as necessary (you need to demonstrate that you have turned your
mind to what is and isn’t relevant):

• National Environmental Standard – s104(1)(b)(i)


• National Policy Statement – s104(1)(b)(iii)
• NZCPS – s104(1)(b)(iv)
• Hauraki Gulf Marine Park Act 2000 (HGMPA) – s104(1)(b)(iv)
• Auckland Council Regional Policy Statement – s104(1)(b)(v)
• Proposed Auckland Unitary Plan (Operative in part)– Chapter B Regional Policy
Statement - s104(1)(b)(v)
• Plan or Proposed Plan – s104(1)(b)(vi)
o Auckland Council District Plan (xxx Section)
• Objectives and policies
• Assessment criteria

o Auckland Council Regional Plan (xxx)


• etc.

o Proposed Auckland Unitary Plan (Operative in part)


• etc

Weighting
Weighting may be relevant when considering s104(1)(b)(vi) if you have a proposed
plan and an operative plan. There is no ‘one size fits all’ approach to where in your
assessment you consider it.

More guidance can be found here.

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Weighting is only necessary where the outcomes are different under the different
plans. e.g. consistent with one, inconsistent with the other. Then you have to do a
weighting exercise.

However, note that where a proposed plan provision has just been notified (and has
legal effect) then as the weighting may be so limited, the degree of analysis may be
less. This though is not the only factor that determines overall weighting. Even if a
plan change or variation has rules that do not have immediate legal effect, the
objectives and policies will have immediate effect.

However, where a proposed plan (incl. PAUP DV provisions) has very little weight,
then the amount of analysis may be less – so it would be worth acknowledging the
minimal weight.

Example weighting text for the PAUP is included at the end of this guide for:

• No change in outcome from operative or proposed objectives and policies -


therefore no weighting assessment required;
• Change in outcome between operative and proposed objectives and policies
therefore a weighting assessment is required;
• For controlled and RDA applications under operative plan lodged prior to
notification or where there is no PAUP rule with immediate legal effect.
Insert the appropriate blurb within the ‘Proposed Auckland Unitary Plan (Operative in
part) section’ of your s104(1)(b) assessment.

• They provide a consistent framework for undertaking a weighting assessment of


objectives and policies;
• You still need to ensure that the blurb you are using is appropriate for the proposal
you are assessing;
• Remember to reach an overall conclusion in your s104(1)(b) assessment after you
have determined what provisions carry more weight.

Assessment criteria
Non-complying and discretionary activities (often) do not have assessment criteria,
but it may be appropriate to provide an assessment against the relevant ‘best fit’
assessment criteria found in the plan(s).

Refer also to the substantive decisions CPM chapter for guidance.

Standards
The PAUP DV has various standards – whether general, or specific to permitted,
controlled or restricted discretionary. These are relevant for context in any assessment
of effects.

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6.5. s104(1)(c) – Any other matters
This includes any other matters that are considered relevant and reasonably
necessary to determine the application. Controlled and restricted discretionary
activities by their focussed nature usually exclude the ability to include ‘other matters’.
For all others, always ask yourself the question whether the other matter identified is
‘reasonably necessary to determine’ the application.

For example – monitoring is not relevant to deciding on the application, but comes
from section 35 and section 108 of the RMA. So it fits under the other relevant RMA
sections of the report.

Generally the other matters will relate to other statutory documents. These may
include the Auckland Plan, Iwi Management Plans, Conservation Management Plans,
Reserve Management Plans, Structure Plans, and the Long Term Community Plan,
or Local Board Area Plans.

If information has been received from iwi, or a Local Board, in the first instance these
would be considered under the relevant effects in the s104(1)(b) assessment. E.g.
iwi would relate to cultural effects, and any concerns raised by Local Boards in
respect of the proposal. If reference is made to a Local Board Plan, or Iwi
Management Plans, then these may be referenced under other matters as policy
documents.

6.6. Other relevant RMA sections


These include specific sections that have to be considered by the decision maker
before they can grant consent (first three bullet points below), and those that may be
relevant to any consent:

• Coastal and/or discharge permits (s105)


• Subdivision consents (s106)
• Coastal and/or discharge permits (s107)
• Conditions (s108)
• Duration of the consent (s123)
• Lapsing (s125)
• Review condition (s128)
• Monitoring (s35)
Any condition to be imposed under s108 that has not been offered by the applicant, or
does not relate to the adverse effects identified in your effects assessment, can be
addressed under section 108.

When you review your recommended conditions, the reasoning as to why those
conditions are recommended should be transparent. The decision maker needs to
understand simply the reasons for your recommended conditions.

The template contains the compulsory standard conditions that relate to all activities.

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6.7. Part 2 (Purpose and Principles)
Depending on the activity status (and the scope / extent of any assessment criteria
relevant to the application), this is where you reference your findings back to the
RMA’s sustainable management purpose and the associated principles. Note that the
ability to refer back to Part 2 matters for controlled and/or restricted discretionary
activity applications is limited to the scope of the assessment criteria identified in the
plan(s).

More information and guidance can be found in the substantive decisions CPM
chapter.

6.8. Conclusion
Simply, this is your overall finding on the application.

6.9. Recommended conditions


Refer the resource consent conditions CPM chapter and the standardised conditions
manual.

The reasons for the conditions you recommend should be transparent.

As a matter of good practice, you should identify those conditions that

• are offered by the applicant;


• form part of the proposal (e.g. proposed hours of operation);
• relate to the management of adverse effects;
• where they relate to other matters under the RMA (e.g. monitoring).
For those conditions that relate to adverse effects, these should have been identified
and justified in your assessment of adverse effects (and noting if the applicant has
offered them, making them an inherent part of the proposal). Any ‘outstanding’
conditions that do not relate to the first three bullet points above can be addressed
under ‘Other Relevant Sections of the RMA’ part of your report. The aim is that the
decision maker understands easily why the conditions have been recommended.

7. The decision
The following is guidance for the complex report template.

7.1. Introduction
The decision is designed to be customer-friendly, without undermining its function as
a legal document under the RMA.

Rather than a recommendation that is then copied and pasted into a decision, the
reporting planner / officer drafts the recommended decision and conditions for
consideration by the decision maker.

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The draft decision and conditions remains ‘draft’ and a recommendation until
considered and signed (where accepted) by the relevant decision maker.

Where the application involves more than one type of consent, you need to ensure
that all references to ‘this consent’ are substituted with ‘these consents’.

7.2. Main heading


Cut and paste the information from the information provided under ‘Main Heading’
(see information on page 2 of this guide).

7.3. Application details


Cut and paste these from the report, but limit to the following information:

• Application number / type;


• Applicant(s) name;
• Site address;
• Legal description;
• NZTM map reference (if necessary – use for regional consents).

7.4. Proposal
The proposal description is central to defining what the activity is that has been
considered, and where a positive recommendation is being made, would be at the
heart of the grant of consent.

This will have been defined by the applicant as part of their application, either with or
without modification as may be agreed between you and the applicant, to align with
descriptions in the relevant plan and /or detail the scale / intensity of activity.

Typically your description may for instance describe the nature of the activity, but
perhaps include information inherent in the application relating to the intensity or
scale they are seeking consent for.

7.5. Reason for the consent(s)


This is cut and pasted from ‘Reasons for the Application(s)’ in the report (refer to
‘Reasons for the Application(s)’ guidance on page 2 of this guide). The
language/tense used should be modified slightly – rather than stating that the
activity/infringement ‘requires assessment as a/an xx activity’, you simply state that
the activity/infringement ‘is a/an xx activity’.

7.6. Reasons for the decision


Summarise your key reasons, with application specific reasons on:

• Your overarching/overall findings;


• whether adverse effects can be appropriately addressed via conditions of consent;

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• how any proposed activity sits with any relevant operative statutory documents;
• how any proposed activity sits with any relevant proposed (i.e. PAUP) statutory
documents;
• how any proposed activity achieves the purpose and principles (i.e. Part 2) of the
RMA.
• Note: if your application is non-complying – your first reason for the decision
should address the gateway tests under s104D

7.7. Conditions
Your recommended conditions, and specific advice notes, will be grouped to match
the order for ‘reasons for consent(s)’ and on the following basis (if any and all consent
types form part of the decision):

• General conditions (impose on all resource consent decisions): ‘activity in


accordance with plan’ condition, commencement / payment of charges conditions,
lapsing condition, monitoring deposit charge condition and any other conditions
that apply to all types of consent in play;
• Specific conditions - land use consent: grouped by pre-, during and post-
development applicability;
• Specific conditions - discharge permit: grouped as per land use consent
conditions;
• Specific conditions - water permit: as per above;
• Specific conditions – coastal permit: as per above;
• Specific conditions – streamworks consent: as per above;
• Specific conditions – stormwater permit: as per above.

7.8. Consideration of the report by the team leader


If the recommendation is going to a duty commissioner you will need to amend the
‘delegated decision maker’ to ‘Reviewed by and released for consideration by duty
commissioner’.

• The decision maker always owns the responsibility to exercise their delegated
authority. This may take the form of:
o Discussions and points of clarification with the reporting planner, and if the reporting
planner agrees with issues raised, request to make amendments, and then provide
back to decision maker;
o Direct consideration of all materials by the delegated decision maker and direct
amendments by the decision maker (whether for efficiency reasons as the decision
maker has sufficient information, or the reporting planner does not share exact
opinion on reasons for recommendation or wording / applicability of conditions).
o If there is a fundamental difference (i.e. notification yes / no or substantive grant /
decline)? If so, good practice is to sign for release to be determined by the duty
commissioner process.

Report Template Guide v2.2 Page 17 of 18 August 2017


8. Saving the template and printing the document
8.1. Saving the template
When you download the respective templates from the Resource Consents intranet
page, you will need to save a version (i.e. ‘save as’) to your own folder or desk top to
work from. This is when you can also save the template as a particular format (e.g.
doc, docx).

8.2. Printing the report


To print a particular range of pages for the templates, you have to modify the page
range reference in the ‘print’ settings. The templates comprise ‘(p)ages’ within two
‘(s)ections’ – the notification / substantive reports, and decision.

Therefore, where you might otherwise type in a range ‘1-4’, you will need to state a
range in the following format: ‘p1s1 – p3s2’. This would print all pages from page 1 of
section 1 to page 3 of section 2.

Using this format will allow to you print any particular range of pages.

Report Template Guide v2.2 Page 18 of 18 August 2017


Information Sheet 1: Consent examples – district and regional
A. Land use and subdivision examples

Decision

Application number:
Applicant:
Site address:
Legal description:
Proposal:
To …

The resource consents required are:

Land use consent (s9): ###


Auckland Unitary Plan (Operative in part)
District

Residential - Terrace Housing and Apartment Buildings zone

• To construct and use three dwellings is a restricted discretionary activity under


rule H4.4.1(A4).
• To develop new buildings (and/or any additions to existing), as the
development of new buildings or any additions has the same activity status as
the land use activity, is a restricted discretionary activity under rule
H4.4.1(A34).
• The proposal involves use and development that fails to meet the following
core standards and is a restricted discretionary activity under rule C.1.9(2):
o The height in relation to boundary relative to the southern boundary is infringed
by a length of 11.7m relative to the boundary, and to maximum height of 0.45m,
which exceeds the required 2.5m plus 45 degrees required under standard
H4.6.5(1).
o The fence/wall in the front yard is 3.2m high (1.8m high fence atop a 1.4m high
retaining wall) for a length of 18m, which exceeds by up to 2.0m the maximum
height for fences of 1.8m (for 50% of frontage) and 1.2m (for remainder of
frontage) required under standard H4.6.14(1)(a)(ii).

Report Template Guide: Styles and Formatting Page 1 of 5 August 2017


o The fence/wall in the side yard is 3.2m high (1.8m high fence atop a 1.4m high
retaining wall) for a length of 36m, which exceeds by 1.2m the maximum height
for fences and walls of 2m required under standard H4.6.14(1)(b).
Special Character Areas Overlay - Residential

• The proposal involves external additions and alterations to a building located


within the Special Character Areas Overlay - Residential and is a restricted
discretionary activity under rule D18.4.1(A4).
• The proposal involves use and development that fails to meet the following
core standards and is a restricted discretionary activity under rule C.1.9(2):
o The southern side yard provided is a minimum of 1.03m, being less than the
required 1.2m under standard D18.6.3(1).
o The front yard landscaped area of 49.3% (13.3m2) is less than the 50%
(13.5m2) required under standard D18.6.1.5(2).
Transport

• The proposal involves accessory parking and access that does not meet the
following parking and access standards and is a restricted discretionary
activity under rule E27.4.1(A2):
• The proposed vehicle crossing is 5m wide, and therefore exceeds by 2m the
minimum vehicle crossing and vehicle access width of 3m under standard
E27.6.4.3(1)(b) and table E27.6.4.3.2(T149).
• The proposed gradient of the vehicle access is 1.5:1, and so does not meet
the required 1:20 transitional platform at the road boundary under standard
E27.6.4.4(3).
Or for example:

• The proposed two vehicle crossings at the 19.4m wide frontage does not meet
the required maximum one crossing per 25m of frontage or thereof under
standard E27.6.4.2(1) and table E27.6.4.2.1(T146).
Natural hazards and flooding

• To construct the rear dwelling on proposed lot 3, being a building or structure


located within an overland flow path is a restricted discretionary activity under
rule E36.4.1(A42).
• To construct a dwelling, with 25m2 of gross floor area located within the 1 per
cent annual exceedance probability (AEP) floodplain, which is greater than
10m2 for a non-flood tolerant activity in the 1 per cent AEP floodplain, is a
restricted discretionary activity under rule E36.4.1(A37).
• To use the building as a dwelling, which is the use of a new building to
accommodate a more vulnerable activity located within the 1 per cent AEP
floodplain, is a restricted discretionary activity under rule E36.4.1(A38).
Earthworks

• To undertake general earthworks of 12,410m2 and 4,500 m3, as the


earthworks are greater than 2,500 m2 and 2,500m3 in a residential zone, is a

Report Template Guide: Styles and Formatting Page 2 of 5 August 2017


restricted discretionary activity under rules E.12.4.1(A6) and (A10)
respectively.
Regional

Stormwater management area - Flow

• To develop new or redevelop 65m2 of impervious area (the proposed garage).


This impervious area is greater than 50m2 in a Stormwater management area
control – Flow 1 overlay, and meets standards E10.6.1 and E10.6.4.1,
specifically the hydrological mitigation requirements, and is a restricted
discretionary under rule E10.4.1(A3).
Earthworks

• To undertake general earthworks of 12,410m2 within 35m of a watercourse, as


the earthworks are greater than 2,500 m2 and within the Sediment Control
Protection Area. This is a restricted discretionary activity under rule
E.11.4.1(A9).

Subdivision consent (s11): ###


Auckland Unitary Plan (Operative in part)

• To subdivide the parent site into three lots and one jointly owned access lot,
which is a subdivision in a residential zone that is in accordance with an
approved land use resource consent (lodged concurrently) that complies with
standard E38.8.2.1, is a restricted discretionary activity under rule
E38.4.2(A14).
• To subdivide land (creation of proposed lot 3) that is located within the one
per cent annual exceedance probability floodplain natural hazard is a
restricted discretionary activity under rule E38.4.1(A11).

9. Decision
Acting under delegated authority, under sections 104 ….

Reasons
The reasons for this decision are: …

Report Template Guide: Styles and Formatting Page 3 of 5 August 2017


B. Regional consent examples

Land use consents (xxxx)


Auckland Unitary Plan (Operative in part)

Regional

• To undertake general earthworks of 3400m2 and 4500 m3 within 33m of an


intermittent stream, as the earthworks area is greater than 2500m2 and
2500m3 in the rural zones and within the Sediment Control Protection Area.
This is a restricted discretionary activity under rules E11.4.1(A8) and (A9)
respectively.
• To redevelop 6200m2 of existing high contaminant generating car parking
impervious area, with appropriate treatment devices proposed. As the area
exceeds 5000m2 this is a controlled activity under rule E9.4.1(A6).
• To develop 85m2 of new impervious area (additions to existing dwelling) in the
Stormwater management area control – Flow 1, failing to meet hydrology
mitigation requirements under standard E10.6.4.1(1). This is a discretionary
activity under rule E10.4.1(A4).

Streamworks consent (xxxx) - ss13 & 14


Auckland Unitary Plan (Operative in part)

• To reclaim, through the piping and associated disturbance of a xm length of a


permanent stream, and a xm length of a second bed of an intermittent stream.
New reclamation, including filling over a piped stream, is a non-complying
activity under rule E3.4.1(A49).

Water permits (xxxx) - s14


Auckland Unitary Plan (Operative in part)

• To dam water with a dam on an unnamed tributary to x River within ‘All


zones’. This is a discretionary activity under rule E7.4.1(A35).
• To take and use ground water for irrigation up to x m3/day and x m3/year by
bore from the xxx Aquifer, within ‘All zones’ and not otherwise listed. This is a
discretionary activity under rule E7.4.1(A26).
• To take and use up to xxx m3/day and xx,x00m3/year of surface water from a
tributary of the xxx River for irrigation of xxx, within ‘All zones’ and not
otherwise listed. This is a discretionary activity under rule E7.4.1(A26).

Discharge permit (e.g. xxxx) – s15


Auckland Unitary Plan (Operative in part)

• To discharge domestic wastewater to land from a communal treatment and


land application disposal system, at a maximum rate of x m3 per day. This is
more than 6m3, and not otherwise provided for, and is a discretionary activity
under rule E5.4.1(A6).

Report Template Guide: Styles and Formatting Page 4 of 5 August 2017


Stormwater permit (xxxx) – ss14 & 15
Auckland Unitary Plan (Operative in part)

• To discharge and divert of stormwater to water (Puriri Stream) from the


development of 6200m2 of new impervious area in a rural zone, being greater
than 5000m2, and not otherwise provided for. This is a discretionary activity
under rule E8.4.1(E10).

Coastal permit (xxxx) – s12


Auckland Council Regional Plan (Coastal)

• To erect and place a boat ramp / pontoon / stormwater outfall in the coastal
marine area, within the General Coastal Marine Zone, with associated use
and occupation, deposition of stabilised sediment, and associated
disturbance. This is a discretionary activity under rule 12.5.18.
• To occupy the common marine and coastal area with a boat ramp / pontoon /
stormwater outfall, and stabilised sediment, is a discretionary activity under
rule 10.5.9.
• To use: the boat ramp / pontoon for launching and retrieval of craft; the outfall
for the discharge of stormwater; and stabilised sediment for erosion control
purposes. This is a discretionary activity under rule 11.5.5.
Auckland Unitary Plan (Operative in part)

• To erect and place a boat ramp in the coastal marine area, within the General
Coastal Marine Zone, as an activity with functional need to be below mean
high water springs, and not otherwise provided for - with associated use and
occupation. This is a discretionary activity under rule F2.19.8(A84).

Report Template Guide: Styles and Formatting Page 5 of 5 August 2017


Information Sheet 2: Writing reasons for resource consent
Formatting decision reports
This information sheet explains the reasons for our approach adopted for the
AUP(OP).

A consistent approach is needed to address the following:

• Historically the style has derived from working with legacy district plans; the AUP(OP)
presents the opportunity to embrace greater consistency in our practices for our
planners, customers, and decision makers.
• The reasons for resource consent often define the scope of the resource consent.
• The information can be ‘dense’ and we believe we should seek to communicate that
concisely and precisely to the decision maker, to the customer and to monitoring
officers.
For example stating a resource consent is required because it fails to meet
permitted, controlled or restricted discretionary activity standards on a hierarchy is
unhelpful. For example this is especially so if there is a single aspect that fails to
meet a particular controlled activity technical requirement, therefore pushing into
a restricted discretionary activity.

• A consistent structured approach enables efficiency in writing, reading (and


accessibility of the ‘dense’ information, and monitoring (in policy terms).
• Our reasons for resource consent should be written succinctly with our customers in
mind – therefore using simpler English – e.g. avoiding use of archaic legal language
such as pursuant to and replacing with under.
The structure

For example:

Part 1
“To undertake general earthworks of 12,410m2 and 4,500m3,…”

Part 2
“…as the earthworks are greater than 2,500m2 and 2,500m3 in a residential
zone,…”

Parts 3 & 4
“…is a restricted discretionary activity under rules E.12.4.1(A6) and (A10)
respectively.”

Part 1:

Capture the specifics of the proposal (via resource consent type – e.g. for land use
will describe the activity), written through the lens of the language of the consent
type and the rule. For example the language of a s9 land use consent will be
different from a discharge permit or a streamworks permit or a subdivision consent.

Report Template Guide: Weighting Page 1 of 4 August 2017


Part 2:

Identify the extent of infringement, to define the scope of the resource consent, and
to focus the decision-making and subsequent monitoring.

Part 3:

Activity status (noting following the RMA and no capitals; and following the Auckland
Council style guide in that no bold).

Part 4:

Relevant rule that is the rule against which resource consent is required and informs
the activity status.

We anticipate some flexibility in language / style in Parts 1 and 2, both to reflect the
diversity of the AUP(OP) but critically to focus on achieving a consistent structure in
the first instance. We would recommend that parts 3 and 4 should adhere more
strictly to proposed style “(<activity status> activity under rule xyz)”, insofar as these
are legal requirements to be identified correctly. Therefore having less in parts 3 and
4 focuses on the key narratives in parts 1 and 2. We want to make this as easy for
our customers to understand as possible. For example, if a sentence is too long,
you may want to put a full stop after part 2 and add parts 3 and 4 as a new sentence.

We have also proposed a common approach for district land use consents that
infringe various required AUP(OP) standards, such as in the residential zone, as this
is a significant proportion of our consenting workload and has the greatest
inconsistency.

The examples attached have been placed within the context of an example decision
document (noting a smorgasbord and not related to a single proposal).

Where multiple resource consents are required the reasons for resource consent are
always filtered in terms of the types of resource consents required: land use
consents under section 9 (noting subsets to be distinguished of NES, regional,
district as these may for example have different effects lens and do have different
existing use rights regimes); s 11 (subdivision); s 12 (coastal permits – occupation,
disturbance, activities); s 13 (stream works); s 14 (water permits); s 15 discharge
and / or coastal permits.

When listing the reasons for resource consent in a decision, a logical / sequential
layout shall be followed to allow for ease of understanding and monitoring.

Report Template Guide: Weighting Page 2 of 4 August 2017


Information Sheet 3: Unitary Plan weighting – example text
These blurbs are designed to be used in conjunction with the standardised report
templates available on the resource consents department intranet page (under
‘forms and templates’).

Insert the appropriate blurb within the ‘Proposed Auckland Unitary Plan Decisions
Version section’ of your s104(1)(b) assessment. They provide a consistent
framework for undertaking a weighting assessment of objectives and policies.
However, you still need to ensure that the blurb you are using is appropriate for
the proposal you are assessing. Remember to reach an overall conclusion in your
s104(1)(b) assessment after you have determined what provisions carry more
weight.

Remember: a weighting assessment is only required when there is a different


outcome between the relevant operative plan and proposed plan objectives and
policies.

No change in outcome from operative or proposed objectives and policies -


therefore no weighting assessment required.

As the outcomes are the same under the operative and the proposed plan
frameworks, no weighting is necessary.

Change in outcome between operative and proposed objectives and policies


therefore a weighting assessment is required.

OR (deleting the above statement and amend as needed)


The findings above for the resource consents under the operative and proposed
plan frameworks are different. Accordingly, it is necessary to consider the weight
to be given to the frameworks, and which outcome should prevail.

The PAUP was notified on 30 September 2013. The provisions have progressed
through part of the statutory process. They have been subject to a submission
process, and they have been tested by the Independent Hearing Panel (IHP),
which as a recommendatory body provided its recommendations to the council.
The council notified its PAUP Decisions Version on 19 August 2016. However,
the plan provisions still have a significant potential for change, as they have yet to
go through the appeal period, and regardless of appeal type. As the provisions
are unsettled, this suggests lesser weight.

On the other hand, the PAUP DV provisions represent a significant policy shift
from the operative plan provisions as…

<provide your reasons why the policy shift is considered to be significant.


Whether the shift in policy is significant or not influences whether greater weight
can be afforded the proposed plan provisions below. Also importantly have regard
to whether it’s a Part 2 matter i.e. protection of identified and validated significant
indigenous vegetation, fauna, wetland, historic heritage, relationship of Maori with
a resource / taonga etc – which could suggest greater weight to PAUP
provisions>

Report Template Guide: Weighting Page 3 of 4 August 2017


Overall, on balance, I have applied greater weight to the operative plan / PAUP
Decisions Version <delete one> provisions in my assessment.

Weighting has also been taken into account in regard to appropriate conditions.

Report Template Guide: Weighting Page 4 of 4 August 2017


Information Sheet 4: The Types of Resource Consents
Type Section Description Examples notations (NB type of consent / permit will be in the title – narratives follow in
reasons for consent)

Section 9(3) land Section 9(3) Land use consent to do something that Describe activity in land use activity terms – following language of district plan rules and
use consent breaches a district rule. AUP(OP) district rules.
2 3
(district - dp) NB: This includes the use of the surface of To disturb land with general earthworks of 3400m and volume of 4500m in the Rural
2 3
water / lakes / rivers. Zones, being greater than 2500m and 2500m . This is a restricted discretionary activity
under rules E12.4.1(A6) and (A10) respectively.
Section 9(2) land Section 9(2) Consent for use of land that breaches a Activity is described following the language of the rules infringed:
use consent regional rule. E.g. earthworks:
2 3
(regional - rp) To undertake general earthworks greater with 3400m and 4500m within 33m of an
2 3
intermittent stream. Being greater than 2500m and 2500 m in the rural zones and within
a Sediment Control Protection Area, this is a restricted discretionary activity under rules
E11.4.1(A8) and (A9) respectively.
2
To redevelop 6200m of existing high contaminant generating car parking impervious
2
area, which is greater than 5000m with appropriate treatment devices proposed. This is a
controlled activity under rule E9.4.1(A6).
Section 9(1) land Section 9(1) Consent for use or development of land Language derived from rule breached:
use consent that breaches a NES e.g. NES land use consent for disturbance of soil…
(NES) NES land use consent for the change of use…
Subdivision Section 11 Consent to subdivide land Subdivision consent for <describe subdivision in terms of parent lot
consent
Coastal permit Section 12 Refer the three limbs of section 12. Coastal permit for the <describe works using the language of both section 12(1) and (2)>;
Section 12(1) permit required for certain For section 12(3) use the language of the relevant coastal plan rule infringed:
NB: any s13, works e.g. disturbance, reclamation, To erect and place a boat ramp / pontoon / stormwater outfall in the coastal marine area,
s14, s15 deposition, structures within the General Coastal Marine Zone, with associated use and occupation, deposition
consents Section 12(2) permit required for of stabilised sediment, and associated disturbance. This is a discretionary activity under
below in the occupation (or removal of natural material) rule 12.5.18.
CMA are also Section 12(3) permit required for any To occupy the common marine and coastal area with a boat ramp / pontoon / stormwater
called coastal activity breaching a rule in the operative or outfall, and stabilised sediment, is a discretionary activity under rule 10.5.9.
permits. proposed regional coastal plan. To use: the boat ramp / pontoon for launching and retrieval of craft; the outfall for the
discharge of stormwater; and stabilised sediment for erosion control purposes. This is a
discretionary activity under rule 11.5.5.
To erect and place a boat ramp in the coastal marine area, within the General Coastal
Marine Zone, as an activity with functional need to be below mean high water springs, and
not otherwise provided for - with associated use and occupation. This is a discretionary
activity under rule F2.19.8(A84).
(NB any discharge of contaminants to coastal water itself would be covered expressly
under s15 coastal permit)
Section 13 land Section 13 Land use consent for the bed of rivers Use the language of section 13.
use consent (incl. streams), lakes, involving:
structures, disturbance, deposition or e.g. To undertake streamworks involving the placement (and associated disturbance), use
reclamation. and maintenance of a x structure on the bed of the stream at ….
See subs (2) and (2A) for passing across
a bed, or damage, destruction,
NB: as AUP(OP) deals with s13 and s14 together see notations under streamworks below.
disturbance, removal of plants and
habitats.
Water permit Section 14 Consent relating to taking, using damming Use language of section 14 – identify activity, type of water, water body involved, volume
or diversion of water (or heat or energy and flow rates etc. e.g.
from water)
Coastal permit - Section 14(1) Consent for the take, use, dam or
rcp diversion of open coastal water, (or heat or
energy)
Discharge Section 15(1) Consent for discharge of contaminants Discharge permit
permit into the environment: Key points describe it in terms of s15(1) – is it a discharge of contaminants to land, to
NB coastal permit Subs (1)(a)-(b) water to water, or water water? And if it’s an Industrial Trade Activity discharge permit, then also identify that it is
(rcp) if discharge onto land where may result in contaminant discharge to air or land from an ITA.
entering water
in CMA.
Subs (1)(c)-(d) – from industrial trade e.g. discharge to land – includes type of discharge, rate and volume.
Also refer ss15A-
activity to air or land
15C re
NB – s15(1) presumption of consent To discharge domestic wastewater to land from a communal treatment and land
restrictions CMA required unless rule makes it permitted 3 3
application disposal system, at a maximum rate of x m per day. This is more than 6m ,
discharges
and not otherwise provided for, and is a discretionary activity under rule E5.4.1(A6).
Section 15(2A) Discharge of contaminants into air, or into Under section 15(2A) identify that it as a discharge type, and explain the scope of the rule
/ onto land infringement.
s15(2) & (2A) presumption permitted
unless a rule requires resource consent.
(subs (2) is the equivalent for a NES).
Stormwater s14 and s15 This is the term used by Auckland Council Identify extent of contributing catchment, zone as necessary, and discharge point as
permit hybrid under for resource consent for the diversion of necessary.
AUP(OP) stormwater under s14 and its discharge To discharge and divert stormwater to water (Puriri Stream) from the development of
under s15. 2 2
6200m of new impervious area in a rural zone, being greater than 5000m , and not
otherwise provided for. This is a discretionary activity under rule E8.4.1(E10)
Streamworks s13 and s14 This is the term used by Auckland Council To reclaim, with the piping and associated disturbance and diversion of water, of a xm
Consent consent under for resource consent under s13 with the length of a permanent stream bed, and a xm length of a second bed of an intermittent
AUP(OP) associated diversion of water under s14. stream. New reclamation, including filling over a piped stream, is a non-complying activity
under rule E3.4.1(A49).

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Information Sheet 5: The Types of Resource Consents, Duration and Transfer
Type Section Description Consent- Duration Default consent Transferabil Transferability –
holder default presumption under RMA ity – to to another site
(silent) & another
maximum person
Section 9(3) land Section 9(3) Land use consent to do something that Attaches Default No consent required unless N/A N/A
use consent breaches a district rule. to land unlimited breaches rule in plan.
(district)
NB: This includes the use of the surface
of water / lakes / rivers.
Section 9(2) land Section 9(2) Consent for use of land that breaches a Attaches Default No consent required unless N/A N/A
use consent regional rule. to land unlimited breaches rule in regional
(regional) plan.
Section 9(1) land Section 9(1) Attaches Default No consent required unless N/A N/A
use consent to land unlimited breaches rule in NES.
(NES)
Subdivision Section 11 Consent to subdivide land Attaches Default Consent required unless rule N/A N/A
consent to land unlimited in plan makes it permitted.

Coastal permit Section 12 Refer the three limbs of section 12. Specific to Default 5 s12(1) - Consent required Y No
Section 12(1) permit required for certain consent years; unless rule in plan makes it
works e.g. disturbance, reclamation, holder maximum 35 permitted.
NB: any s13,
deposition years –
s14, s15
Exceptions:
consents Section 12(2) permit required for s12(2) - Consent required
‘reclamation’
below in the occupation (or removal of natural unless rule in plan makes it
default
CMA are also material) permitted.
unlimited.
called coastal Section 12(3) permit required for any
permits. Aquaculture -
activity breaching a rule in the operative s12(3) - No consent required
see s123A
or proposed regional coastal plan. unless breaches rule in plan.

Section 13 land Section 13 Land use consent for the bed of rivers Specific to Default 5 s13(1) - consent required Y N/A
use consent (incl. streams), lakes, involving: consent years; unless rule in plan makes it
structures, disturbance, deposition or holder maximum 35 permitted.
reclamation. years
Exception
‘reclamation’
See subs (2) and (2A) for passing default is
across a bed, or damage, destruction, unlimited.
disturbance, removal of plants and
s13(2) – no consent unless
habitats.
breaches rule.
Water permit Section 14 Consent relating to taking, using Specific to Default 5 s14(2) – consent required Y Y – within same
damming or diversion of water (or heat consent years; unless rule in plan makes it catchment,
or energy from water) holder maximum 35 permitted, or aquifer,
years. falls within scope of specific geothermal field
exemptions under s14(3)
(e.g. individual domestic
needs, drinking water for
animals, fire fighting
purposes)

Coastal permit Section 14(1) Consent for the take, use, dam or Specific to Default 5 s14(1) - no consent required Y Y
diversion of open coastal water, (or consent years; unless breaches a rule.
heat or energy) holder maximum 35
years
Discharge permit Section 15(1) Consent for discharge of contaminants Specific to Default 5 s15(1) - consent required Y Y
NB coastal permit into the environment: consent years; unless rule in plan makes it
if discharge in Subs (1)(a)-(b) water to water, or water holder maximum 35 permitted.
CMA. onto land where may result in years
Also refer ss15A- contaminant entering water
15C re Subs (1)(c)-(d) – from industrial trade
restrictions CMA activity to air or land
discharges

Section 15(2A) Discharge of contaminants into air, or Specific to Default 5 s15(2A) - no consent Y Y
into / onto land consent years; required unless breaches a
holder maximum 35 rule.
(subs (2) is the equivalent for a NES). years
Streamworks This is the term used by Auckland Specific to s13 and s14
consent Council for land use resource consent consent Default 5
under s13 with the associated diversion holder years; max 35
of water (water permit) under s14. years (except
s13
reclamation
unlimited)
Stormwater This is the term used by Auckland
permit Council for resource consent for the
diversion (under section 14) of
stormwater, and its discharge (under
s15).

Report Template Guide: The Types of Consents, Duration and Transfer Page 1 of 1 August 2017

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