Resource Consents

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Applying for a Resource Consent

Key steps in the resource consent application process

Determine whether you need a resource consent for your project.
Apply for a resource consent. You need to include:
1. Assessment of Environmental Effects (AEE).
2. Written approval from affected parties.
3. Other supporting documents (e.g. plans, site elevations, etc).
4. Fee.
We determine if your consent requires public notification (including the possibility of limited notification).
If your consent is publicly notified we:
1. Run an advertisement about your consent (or contact those parties directly affected by the proposal).
2. Receive submissions from affected parties.
3. Organise a pre-hearing meeting to try and resolve the issues
4. Conduct a hearing.
Decision by us (which can be appealed).

How to apply for a resource consent

When is a resource consent necessary?

Development activities tend to generate effects on neighbouring properties and the environment. The District Plan defines the limits of the effects that your activity may produce 'as of right'. You must apply for a resource consent when you wish to exceed these limits.

The category that your intended activity falls into will determine whether or not you need to apply for a resource consent, and the degree of discretion we have to either restrict or permit your intended activity. In most cases, steps must be taken in order to avoid, remedy or mitigate any adverse or harmful effects on the environment.

The Resouce Management Act groups activities that might affect the environment into five categories:

Permitted – no resource consent is required as the activity meets all the relevant conditions of the District Plan.
Controlled – resource consent/s are required as the activity does not meet the relevant conditions of the District Plan. The consent authority has no power to decline the resource consent.
Discretionary – resource consent/s are required as the activity does not meet the relevant conditions of the District Plan. The consent authority may grant the resource consent with or without conditions or decline the resource consent.
Restricted discretionary – resource consent/s required as activity does not meet the relevant conditions of the District Plan, the consent authority’s powers to decline a resource consent and impose conditions are restricted to matters that have been specified in the District Plan.
Non-complying – resource consent/s required as activity does not meet relevant conditions of the District Plan. The consent authority may grant the resource consent with or without conditions or decline the resource consent
Prohibited – there are no prohibited activities in the New Plymouth District Plan.

It's a good idea to talk to us about your plans before your project starts. This may mean you can plan your project in such a way that a resource consent may not be required.

Copies of the District Plan are available for viewing here or at council offices.

Plan Changes and Legal Effect

It is important to note that if an activity triggers a rule within a Proposed Plan Change that has legal effect then resource consent must also be applied for that activity under that proposed rule, if the consent application lodgement date is after the date of legal effect.

See also District Plan and Plan Changes and Private Plan Changes.

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How to apply for a resource consent

Land use resource consent application form (1.8MB PDF)
Land use consents and related resources fees and charges (46KB PDF)

Before you lodge your applications for a resource consent, make sure you clearly understand your intended activity. What is it exactly that you intend to do? Also, be sure to talk with us and any people who may be affected by your activity, such as neighbours.

Be aware of the time it might take to obtain your resource consent. Allow for this in your planning and do not wait for your building consent to be granted before applying for a resource consent.

Return the completed application form and the information below to us.

The completed application form.
An Assessment of Environmental Effects (AEE).
Site plans and elevation plans.
Written approvals from affected parties.
The deposit. (Further charges may be incurred depending on the time it takes to assess the application.)

What you can do to speed things up?

Fully explain your proposal and what effects it will have so that affected people can assess the environmental effects.
Provide a good quality AEE, which does not underestimate the scope or effects of what is proposed.
Provide good quality plans and elevations clearly showing the areas of non-compliance with the District Plan.
Ensure your application is complete.
Pay your deposit - an application will not be processed until the deposit is received.Return to top

How long will it take?

We must decide within 10 working days of receiving an application whether or not to notify it.
If it is non-notified, you can expect a decision within 20 working days.
If your application requires public or limited notification, the timeframe is at least three to four months.

If your application is incomplete any outstanding information must be provided in writing, within 15 working days. Processing your application will consequently take longer.

Certificate of compliance

If you want confirmation that your intended activity is permitted under the District Plan and can be carried out lawfully without a resource consent, you can apply for a certificate of compliance.

It is not necessary to get a certificate of compliance. However people often get one to provide certainty as it gives them up to five years to carry out the activity even if the District Plan changes in that time and makes the activity 'non-permitted'. For example, a person starting a business might get a certificate of compliance before buying the business, so that they are assured that any changed rules in the District Plan won't affect them after the purchase.

A certificate of compliance can also be useful when applying for finance. Under Section 139 of the Resource Management Act 1991, a certificate of compliance is deemed to be a resource consent.

Certificate of compliance – Section 139 of the RMA 1991 (391KB PDF) Return to top

Existing use certificate

An existing use certificate is required to confirm a right to use land for a use that was lawfully established before the relevant rule in the District Plan became operative or the proposed plan was notified and the effects of the use are the same or similar in character, intensity, and scale to those which existed.

Alternatively an existing use certificate can be issued where the land use was lawfully established by way of a designation and the effects of the use are the same or similar in character, intensity, and scale to those which existed before the designation was removed. Supporting information may be required to determine whether a certificate is issued.

An existing use certificate is different to a certificate of compliance as an existing use may not comply with the current rules of the District Plan. An existing use certificate is treated as resource consent.

Existing use certificate (218KB PDF)

Note: Only the courts can issue binding interpretations of the Resource Management Act. Indications and guidelines issued by us are provided with the intention of helping people to understand the legislation. They are, however, offered on a no liability basis, and in any particular case those concerned should consult their own legal advisers.