Decision made whether or not to hold hearing

The consent authority decides whether or not a hearing will be held. A hearing must be held if either the applicant or a submitter has requested to be heard and this request has not subsequently been withdrawn. 867

Where there are competing applications seeking consent for the use of the same resource the RMA expresses a “first come first served” approach and the council must first determine the application received first in time. 868  An application is received first in time if it is lodged with the council first, provided that it is not incomplete in terms of section 88(3). Priority is not lost by a section 92 request for information or a section 91 deferral for additional consents unless the applicant unreasonably delays matters.

  1. Section 100 Resource Management Act 1991

  2. Central Plains Water Trust v Synlait Ltd [2009] NZCA 609

Last updated at 5:03PM on March 9, 2015