Before you start any activity that might affect your neighbours, your wider community or your environment, contact your local council or check their website.
If you have already contacted your local council or they have informed you that DOC are an affected party submit a resource consent application form (Word, 409K) and supporting documents to RMA@doc.govt.nz.
The Resource Management Act (RMA) is New Zealand's key piece of legislation to manage the effects of use and development of natural and physical resources.
Getting in on the Act outlines for the public what the RMA does, how it works, and how it affects you in your daily life.
Key decision-makers under the RMA are:
There are a number of policies and documents that provide direction for decisions made under the RMA. These include:
For more information on the role of councils, and other statutory bodies see the Environment Foundation website.
DOC was created under the Conservation Act 1987 (s5) and its functions are outlined in section 6 of that Act. These functions include advocating for the conservation of natural and historic resources generally (s6(b)). The Conservation General Policy then describes the reasons that DOC may become involved in statutory processes. For example:
Policy 7(d) The Department should undertake statutory advocacy to protect natural resources and historical and cultural heritage outside public conservation lands and waters and for the benefit and enjoyment of the public, including public access, in particular where (for example, ii.) indigenous terrestrial or aquatic species or recreational freshwater fisheries are threatened with loss or decline.
DOC has a role in ensuring that species, habitats and other resources of interest to DOC, including the national priorities for biodiversity, are recognised in RMA decision making.
Specific areas of interest may be outlined within a Conservation Management Strategy and/or a Management Plan. As outlined above DOC has some specific functions under the RMA, including supporting the Minister of Conservations functions for the Marine area.
Remember DOC also has to keep in mind its other statutory responsibilities which may be triggered by an activity that is proposed to be consented under the RMA. These include disturbing wildlife protected under the Wildlife Act, or installing a structure that impedes fish passage (which requires DOC approval under Freshwater Fisheries Regulations 1983 specifically s42(1)).
There can be a variety of ways that this may lead to DOC being involved in an RMA process – DOC may be a:
The relevant local authority may consider DOC to be an ‘affected person’ if the potential effects of an activity on DOC’s interests are likely to be ‘minor or more than minor’ (s95E RMA).
Affected person section on Ministry for the Environment (MfE) website: outlines what a person’s rights are if they are determined by the council to be an affected person.
The process of considering giving DOCs approval as an affected person is coordinated by Operations Rangers. In most cases the decision-maker is the Operations Manager.
Being a landowner close to an activity requiring a resource consent is often a reason to be considered an affected person.
If DOC is the ‘landowner’ and the activity is proposed to be on public conservation land then the applicant will also require approvals for the activity from DOC, under conservation legislation; these may include a Permission or an Access Arrangement.
An applicant might apply for the relevant DOC approvals before, after or at the same time as they apply for a resource consent.
If an application is notified (either limited notification to affected persons, or public notification) then DOC may choose to lodge a submission. Submissions are a mechanism which can be used to support or oppose an application.
Limited notification may occur if the consent authority determines that DOC is an affected person (by virtue of process outlined above) and the applicant has not sought written approval, or if DOC chooses not to provide its affected party approval. Public notification is only likely for large projects that potentially affect a significant number of people and/or have a significant impact on use of public resources (adverse effects are more than minor).
DOC also engages in Plan and Policy development. DOC engages in these processes when its involvement is likely to lead to enduring conservation gains.
Listed below are examples of the areas or types of activities where DOC may consider engaging in RMA issues.
The RMA/EEZA Strategy sets out the priorities for DOC’s engagement in Resource Management Act processes and our approach around advocacy.
Hamilton Shared Service Centre
Private Bag 3072 Hamilton 3240
Ph +64 7 858 1000
Email: rma@doc.govt.nz