If you want to build or use your land in a way that does not comply with the rules of the City Plan or the Resource Management Act, you need a resource consent.
The Resource Management Act (RMA) is the main piece of legislation that sets out how we should manage our environment. The RMA requires all local authorities produce a city plan; we also call this the Plan. This specifies the rules relating to subdivision, development or use of land within their jurisdiction.
Any activities that are not permitted by the RMA or by a rule in the Plan require a resource consent before they can be carried out. The plan specifies whether you need a resource consent and what type of consent you need.
Once submitted your application becomes public information. If requested, Council may agree to keep some of the material confidential if it’s commercially sensitive.
The Plan sets out rules and related information that will help you decide if you need a resource consent. It is important that you take the time to read the relevant parts of the Plan before you make any changes to your property or start an activity.
There is a permitted activity table at the beginning of each chapter of the Plan. You do not need resource consent for permitted activities if you comply with the relevant permitted activity conditions, such as building setbacks and parking.
Activities that aren’t permitted in the permitted activity table, or those which don’t comply with a permitted activity condition, will require a resource consent before they are carried out. These activities are classified as controlled, restricted or limited discretionary, discretionary, non-complying or prohibited.
Council must grant a resource consent for a controlled activity (with a couple of exceptions), but can refuse to grant a resource consent for activities with the classification of restricted/limited discretionary, discretionary or non-complying. You can’t apply for a resource consent for a prohibited activity.
In some instances, you will need to demonstrate your activity or building’s compliance with the plan. This means you will have to apply for a certificate of compliance. A certificate of compliance officially recognises that the activity is permitted. You may wish to engage a planning consultant or development professional to assist you to make an application, and to determine what type of consent is required.
The plan is legally binding and if you breach it, or don't obtain a resource consent when you need one, you may face penalties.
Resource consent timeframes
For standard applications, resource consents are usually processed within 20 working days of the application being lodged with Council; however on average, consents take around two months to issue, taking into account RFIs and revisions.
The resource consent process and timeframes are set out by the Ministry for the Environment. However, there are factors that can affect this timeframe, such as:
If the planner requires further information under section 92 of the RMA, the ‘clock’ stops and doesn’t start again until the appropriate information is received. The statutory clock can also be stopped in instances where other consents or expert input may be required, or the applicant requests this.
Council can return the application within the first ten days of lodgement if it does not contain all the information required, and it must be resubmitted for it to be formally received. Council also has ten working days to determine whether an application should be publicly notified, or limited-notified to certain parties. If a consent is notified the timeframe is extended to 130 working days (sometimes longer depending on requests for information and appeals). Notification can also be requested by the applicant.
Resource consent costs
Council operates a user-pays policy for processing all consent applications. Most application types will be charged on a time and cost basis. For certain application types, a fixed lodgement fee is required when you submit an application.
The total amount may vary depending on a number of factors, including the accuracy and amount of information provided, if experts need to be engaged and whether the application is notified.
The actual and reasonable costs are the cost of council staff time. Staff time is calculated according to a schedule of hourly rates outlined on the Council’s fees and charges schedule and disbursements such as copying, postage etc. will be charged at the actual cost.
View council’s fees and charges schedule
Reduce processing costs
Talk to us before you prepare your application by arranging a pre-application meeting and make sure you:
- do your research and work through the city plan thoroughly
- apply for all the required consents at the start
- consult all affected parties and if possible get written approval before lodging your application
- ensure that forms are complete and the correct supporting material is included
- if your application is notified, attempt to resolve any opposing submissions.
Ongoing costs
If your consent requires ongoing monitoring, reporting or management you may be charged an annual fee or the cost of staff time calculated according to the schedule of hourly rates.
Development contributions
Some resource consents require development contributions. Development contributions may also be payable on your development before you are able to commence work.
Find out more about Development contributions