What is a Resource Consent?Whether or not a Resource Consent is required depends on the type of activity planned and the rules set out in the relevant District/Regional plans. Because District and Regional plans restrict the type of activities that can be carried out ‘as of right’, and impose ‘controls’ on certain activities, permission must be obtained to:
This permission is obtained by applying for a Resource Consent.
A Resource Consent, if approved, grants permission to a person, group or organisation to use or develop a natural or physical resource, or to carry out an activity, that affects the environment in some way. It is important to note that you commit an offence if you do not obtain a Resource Consent when one is required and you then use resources in a way that breaches a rule contained in a district or regional plan.
Important: A Resource Consent should not be confused with a Building Consent. These are two quite different documents, with different purposes.
There are five types of Resource Consents:
The type of consent you need to apply for will therefore depend on the exact nature of your proposed activity. In some cases, you may have to apply for more than one type of Resource Consent (eg: a proposed subdivision may require a Land Use Consent for additional dwellings or earthworks as well as a Subdivision Consent to create an additional lot or lots).
Generally speaking, District and City councils administer Land Use and Subdivision Consents, and other consents are administered by Regional Councils (such as the Auckland Regional Council). In some circumstances, Regional Councils may delegate administration of some consents to District and City Councils.
If you believe that your proposed activity:
Then you may wish to apply for a Certificate of Compliance. Essentially, this certificate gives official recognition that the activity can take place.
The RMA breaks activities up into five different levels, ranging from activities that have limited environmental impact, to those with the potential to pose a major risk to the environment. The particular level that your proposed activity falls into will determine:
No Resource Consent is required for permitted activities and Resource Consent applications will not be accepted for Prohibited Activities. For all activities in between, a Resource Consent is required.
Sections 93 to 94D of the Resource Management Act (RMA) set out the requirements for notification, non-notification and limited notification. With the exception of controlled activities, the presumption is that an application will be publicly notified in accordance with section 93, unless the criteria for limited notification or non-notification are met.
The starting point for all notification decisions is the category of activity involved (controlled, restricted discretionary, discretionary or non-complying). Different tests apply to each type of activity.
An application for any type of activity must be publicly notified if the applicant has requested it. Also, if there are special circumstances involved, the Council may choose to publicly notify the application regardless of any other matters.
Please note: different Councils have different requirements in regards to the required information. What needs to be included also depends on the scale of your proposed activity.
Boundary Consultants have a lot of experience with the Resource Consent process and in particular with Land Use and Subdivision Consents.
Please don’t hesitate to contact us if you have any queries regarding your project