Complete agenda for October 2009 Council Meeting (pdf, 1610KB)

Northland Regional Council - 21 October 2009 Page 59 Item 10Application for Resource ConsentSectionSection Summary of thepowerS.87ETo decide to grant ordecline an applicationfor direct referral tothe EnvironmentCourt, to defer adecision or to return arequestS.87FTo prepare a reporton an application thatthe Council hasagreed should bereferred to theEnvironment CourtS.87G(3) To provideinformation to theEnvironment CourtDelegated toExecutive Manager,Consents SeniorProgramme ManagerTechnical OfficersTechnical OfficersExplanationSections 87C allows applicants to make a request to the Council forits application for resource consent or an application to change orcancel a condition to be determined by the Environment Court. Thisonly process only applies when applications will be notified. (Thereferral process is then governed by sections 87D to 87I. If theCouncil does not grant the applicant’s request under section 87D, theconsent authority must continue to process the application.)Where the Council has agreed that an application is to be determinedby the Environment Court the Council must prepare a report on theapplication and send this to the applicant and submitters. The reportshould address issues that are set out in sections 104-112. As soonas is reasonably practicable after the report is prepared, copies areto be sent to the applicant; and every person who made asubmission on the application. Once the applicant receives thereport it has the choice on whether it still wants the Environment Courtto determine the application or whether it wishes the Council tocontinue to determine the application.The applicant must provide certain information to the Court (notices ofmotion etc). Once this has been done copies are served on theCouncil. The Council then provides all information pertaining to theapplication (application, report, submissions etc) to the Court.