Why Weren’t You Consulted? How Council Rules and Consents Work.
Many Havelock North residents have asked why a crematorium resource consent was approved recently without public consultation. If you've ever been surprised by a new development in your neighbourhood, you're not alone. This post explains how council consents work, why some projects don’t require public input, and how our community can have a stronger voice in planning.
I’ve had many conversations this week with residents, business owners, and groups like the Havelock North Business Association, all asking the same question: how did this happen? Understanding the resource consent process is key to knowing why some projects require consultation and others don’t.
“Understanding the resource consent process is key to knowing why some projects require consultation and others don’t.”
This isn’t the first time an unexpected development has gone ahead without public input, and it won’t be the last. Whether it’s a crematorium, medium-density housing next door, or a commercial project in a residential area, these issues come up time and time again.
That’s why I’ve put together this post - to provide a single, fact-based reference that explains how these decisions are made, why the public is sometimes not consulted, and what (if anything) can be done differently in the future.
This is not about supporting or opposing the crematorium, and I was not involved in making this decision. My goal is to help the community better understand the rules that shape our towns and cities - because when people have knowledge, they have more power to engage in planning decisions that affect them.
Who Approved the Crematorium and How?
Two separate councils were responsible for approving different parts of the crematorium consent:
Hastings District Council (HDC) – Approved the land use consent, assessing visual effects and traffic impact.
Hawke’s Bay Regional Council (HBRC) – Approved the air discharge consent, assessing emissions from the cremator.
Both councils followed the legal requirements of the Resource Management Act (RMA) when making their decisions.
The law (not the council) determines whether the public must be notified of a consent application.
Why Wasn’t the Public Consulted?
Under the Resource Management Act (RMA), councils must follow strict legal rules when deciding if a resource consent should be publicly notified.
Public notification is only required if:
The applicant requests public notification.
The law (RMA or National Environmental Standards) requires it.
The council determines that the project will have “more than minor” adverse environmental effects.
Public notification is NOT allowed if:
The RMA or District Plan specifically states that notification is not required.
The project is classed as a “controlled activity” under the law (meaning it must be granted as long as it meets certain conditions).
The council determines the environmental effects are less than minor (which is what happened in this case).
Some people may feel that the crematorium’s effects on their businesses, home values, or personal comfort are more than minor. However, under the RMA, “effects” refer specifically to environmental effects, such as:
Air quality impacts
Traffic effects
Noise and odour concerns
Visual impacts on the surrounding area
Social, economic, or emotional concerns (while absolutely valid) are not considered “environmental effects” under the law.
For the Havelock North crematorium, both councils determined that the environmental effects would be “less than minor,” meaning the law did not allow them to notify the public or seek feedback.
Even if the council wanted to notify residents, they were legally not allowed to. That’s because notification decisions must follow the criteria set by the RMA - they cannot be based on public interest or opinion alone.
What Does "Less Than Minor" Mean?
Under the Resource Management Act, “less than minor” means the effects of a development are considered small enough that they are unlikely to cause significant, measurable impacts beyond the property where the activity is taking place. However, I completely understand that for people living or working nearby, these decisions don’t always feel “less than minor.”
For example, if a homeowner builds a small extension at the back of their property that isn’t visible to neighbours, doesn’t generate extra traffic, or create noise, it would typically be considered a “less than minor” effect and wouldn’t require public consultation. On the other hand, if a new commercial building is proposed next to homes, where it could significantly affect parking, noise levels, or shading for nearby properties, the effects would likely be considered “more than minor,” meaning consultation may be required.
In the case of the Havelock North crematorium, councils determined that its effects on air quality, traffic, and visibility were legally “less than minor.” That meant under the law, the council was not allowed to notify the public or seek consultation.
This is why I believe it’s so important that communities understand how planning rules work - because while we can’t change consents that have already been granted, we can make sure more people know when and how they can have a say in future planning decisions.
But Why Doesn’t the Law Allow Consultation in Cases Like This?
At its core, this comes down to property rights.
The RMA is designed to balance individual property rights with the need to protect the environment. It allows property owners to develop their land within set rules, while ensuring that any potentially significant environmental effects are properly assessed.
However, public consultation is only required when a project’s environmental effects are more than minor - not based on whether it’s socially or economically unpopular. That’s why some projects that communities strongly oppose still don’t require notification.
This need for better public understanding is one of the reasons I pursued training as an RMA commissioner with a chair endorsement - so I could not only apply this knowledge in planning hearings but also help demystify how these decisions are made for the community. Importantly, I was not a commissioner on this crematorium consent, nor did I have any involvement in this decision. But because I’ve sat on many hearings like it, I know how the process works - and I want to make sure more people do too.
Final Thoughts and How You Can Stay Informed
I know many residents feel frustrated and blindsided by this decision, and I completely understand why. That’s why I wanted to take the time to explain why no one was notified, how the decision was made, and what can be done differently in the future.
I also know that resource consenting rules can feel complicated and out of reach. If you have questions or want to better understand how planning processes work, please feel free to contact me...