For example, if you wished to build a house that is higher than what is permitted in the Tasman Resource Management Plan, then the owners or occupiers whose views or sunshine are blocked may be identified as affected persons (if the effects are great enough).
Another example would be if you wanted to discharge chemicals onto the ground. We may consider a person who has a water supply bore down stream as affected.
Our Council staff can advise you as an applicant, who they think will be ‘affected parties’, and you should get written approval from. If you are the applicant, then its up to you to talk to them and get their written approval. If we get a written approval, then we can't consider that person as 'affected' anymore.
Affected parties are more than just the owners and occupiers of nearby propoerties. They may include 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.
If you are making an application for resource consent and you would like your application processed without any notification, submissions or hearings, then we recommend you try to get the written approval of all the 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. This is a good idea, as they may ask for small changes before you have gone to the expense of finalising drawings and other information for your proposal. The other option you have is to wait until the Council has decided who it thinks is affected, and then you can talk to those people. We will let you know by letter if we consider any party is adversely affected.
Who decides who is adversely affected?
The final decision is made by the Council. Our consent planners make a considered recommendation, and the decision is made by the consents manager or a team leader.
Our decision on notification is final, so if you disagree, you can only challenge it by asking the High Court to judicially review the decision.
As an affected person (or someone the applicant comes to asking for your written approval) you should make sure you understand the proposal, 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).
You can expect the applicant to provide you with a full details of the resource consent application. This includes the latest up to date drawings and / or plans, any further information or changes they might have given to the Council (if they had already lodged it with us).
If you do not understand the information well enough, we recommend that you get further explanation from either the applicant, and/or an independent professional, like a resource management consultant or a lawyer.