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Resource Consent Types

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In the RMA there are five types of resource consents:

Some consent types are usually granted by the local Council and some by the Regional Council. Nelson City Council is a Unitary Authority which means it has both local and regional functions and processes all consent types.

  • LAND USE CONSENT for the use of land - eg building, excavation and filling of land, day to day activities such as running a business, making more noise than allowed in a particular zone.
  • SUBDIVISION CONSENT for subdividing land – including cross leases, unit titles and boundary adjustments.
  • COASTAL PERMIT for the use or occupation of coastal space - eg for a wharf, dredging or reclamation.
  • WATER PERMIT for the taking of water/ dam / divert - eg taking water from a river or well or causing a change to the flow or course of water.
  • DISCHARGE PERMIT for the discharge of contaminants in water, soil or air - e.g. emitting a discharge from your activity into air; discharging stormwater into a river or stream; discharging treated domestic effluent to land.

In addition to these five types there are two new resource consent types introduced to the RMA in 2017:

  • Deemed Permitted Activities
  • Fast Track Activities

These two are to enable planners to deem certain activities, where there is a technical rule breach of minimal impact, to be permitted, and to fast-track some of the more simple resource consents.

Deemed Permitted Boundary Activity

An example of a deemed permitted boundary activity would be an extension to a house that breaches a set-back requirement with a neighbour’s boundary, but the neighbour with the infringed boundary has provided written approval.

The key things you need to know about this new type of resource consent are:

  • There is a separate application form for this type of activity and a separate written approval form for the neighbour giving written approval to sign
  • There will be a minimum fixed fee for these applications. There will be no refunds or additional charges for permitted boundary activities. See the Fees and Charges page for more information.
  • Applicants need to supply a list of names and addresses of each owner with an infringed boundary, and a set of plans signed by the neighbours on the infringed boundary
  • Council planners are required to process this type of application within 10 working days.

Fast-Track Resource Consent

An application can only be processed as a Fast Track application if the activity is a Controlled activity under the district plan (and not a subdivision). An example of this would be an application to relocate a building from another site into a residential area.

The key things you need to know about this new type of resource consent are:

  • There is a separate application form for this type of activity
  • Council planners are required to process this type of application within 10 working days.

Only very specific applications can be processed as Fast-Track Resource Consents. If you are unsure whether or not your application qualifies, please contact the duty planner.

Full details of these legislative changes (The Resource Legislation Amendment Act 2017) can be found on the following website:http://www.mfe.govt.nz/rma/reforms-and-amendments/about-resource-legislation-amendment-act-2017

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