Changes to RMA fees, forms and procedure
New fees and forms are introduced with small changes to service requirements due to recent amendments to the Resource Management (Forms, Fees, and Procedure) Regulations 2003. The changes are brought about because of recent amendments to the Resource Management Act 1991 (RMA) introduced by the Resource Legislation Amendment Act 2017 (RLAA).
The change with the greatest implication is the new fee structure, with fees being introduced where previously none were payable. Scheduling and hearing fees are introduced and are to be prepaid; if they are not paid the registrar may vacate the hearing. If the hearing time is different to that estimated and the prepayment is insufficient the balance must be paid on the last day of the hearing, or alternatively a refund will be made. In the interests of justice, the registrar may waive fees if the applicant is unable to pay the fee, or the application is in relation to a matter that concerns the public interest and is unlikely to be brought if the fee is not waived. In these cases, the Registrar also has the power to postpone the fee until the application for waiver is determined, or if an application for waiver is not made the Registrar may refund the fee.
Key changes to the fees include:
- Applications for most appeals $600
- Commencing any other proceeding (except for applications for waiver or directions) $250
- Interlocutory applications $200
- Notices of a person’s wish to be a party to a proceeding (with limited exceptions) $100
- Scheduling a hearing date (except for interlocutory applications) $350
- Hearing fees (for interlocutory applications for each half-day or part half-day after the second day, or any other application for each half-day or part half-day after the first half-day) $350
New forms are introduced for the new collaborative and streamlined planning processes and the new permitted boundary activity. Existing forms are amended to make provision for fast-track resource consents.
Changes to procedure include the service requirements for appeals against a decision on a proposed policy statement or plan, or a requirement in a plan or proposed plan now also apply to appeals by way of rehearing. Applications for resource consent or for review of consent conditions are now also to be served on persons with a relevant statutory authority. The move towards electronic filing and service is also apparent by amendments to the forms so that email is the default address for service.
The amendments will be introduced in two stages; the first amendments come into effect on 14 September 2017, the second set come into effect on 18 October 2017 to coincide with other changes introduced by the RLAA.
For more information on the amendments please contact Kimberley Jordan.