Types of Resource Consent

Land use consent

The term 'land use' covers:

• any activity done on the land, e.g. commercial or retail developments.
• building, additions and alterations to buildings, and controls on buildings and structures
• land modification such as earthworks.

Normally a land use consent is granted for unlimited duration, as long as the development detailed in the consent has been implemented to a significant level within five years (or a different period as written in the consent). If not, your consent will lapse.

Any land use consent that is granted is attached to the property (as opposed to a specific person).

Subdivision consent

You need to obtain resource consent under the proposed district plan for subdivision activities, including for the:

• Subdivision Guidelines
• creation of a new freehold title,
• creation of a cross-lease,
• creation of a unit title development, for example a block of flats,
• relocation of boundaries

Subdivision consents normally have a number of conditions that might require building consent and engineering approvals.

As well as fulfilling these other requirements, you will need to engage a licensed cadastral surveyor to prepare the necessary scheme/survey plan, who are found through the New Zealand Institute of Surveyors.

Section 223 approval

Section 223 approval

• This is an approval by the council under section 223 of the Resource Management Act confirming that your survey plan matches what was granted under your resource consent
• You need to apply for section 223 approval within five years of initial consent approval

Section 224(c) approval

• This is an approval by the council under section 224(c) of the Resource Management Act that all of the conditions of your consent have been met or will be met later. This approval enables Land Information New Zealand to issue new titles
• You need to apply for section 224(c) approval within three years of section 223 approval

Certificate of compliance

• A certificate of compliance gives official recognition that your activity can take place without resource consent. A certificate of compliance is not mandatory, but it provides protection against future changes for its five-year term
• It is up to you to provide evidence of your proposed activity's compliance with the District Plan/s
• We will process your application and issue a certificate if we are satisfied that the activity is permitted without a resource consent

Certificate of existing use rights

• An existing use certificate officially recognises that your activity was lawfully established in the past, before there were changes in any later district plan leading to a requirement for a resource consent
• We will grant a certificate of existing use rights if you can show that the current activity:
  • was originally lawfully established
  • has not been stopped for longer than 12 months
  • has effects that are similar to when it was started.
• This certificate is optional but officially documents existing use rights
• We will process your application and issue a certificate if we are satisfied that the activity was lawfully established, has been ongoing, and if the effects are the same or similar in character, intensity and scale.