5) After the Consent is Granted
Monitoring of Conditions and monitoring charges
Most consents are granted with conditions, which are included to mitigate the effects of the activity. It is the consent holder’s responsibility to ensure the activity is carried out in compliance with those conditions. Failure to comply with consent conditions may result in enforcement action.
Some consents require you to submit documentation to the Council’s monitoring regulatory team, and some consents are actively monitored by staff including site visits. The cost of monitoring compliance and any enforcement action (e.g. staff time hourly rate, sample testing) is fully recoverable and charged to the consent holder.
You can contact the monitoring team via regulatory@ncc.govt.nz. Please quote your RM consent number in correspondence.
Subdivision consents after Granting – additional steps s223/224
Subdivision consents are applied for using the same resource consent application and follow the same process for granting/declining. After granting however, there are four extra steps:
- Section 223 of the RMA requires a surveyed title plan to be submitted to the Council for approval (see Section 223 of the RMA)
- Works for the subdivision including fulfilling all consent conditions are to be completed, then an application is made to the Council for a completion certificate (see Section 224 of the RMA)
- The consent holder then applies to the District Land Registrar to have the new titles issued
- New street naming and numbering is organised by the subdivision developer as part of the s224 process
To cancel or change the conditions of a consent
If at some point after the consent is granted you wish to apply to change or cancel any of the conditions of consent (s127 RMA) this is treated similarly to any new application.
You must fill out a new resource consent application form stating what conditions you want changed or cancelled, including the suggested changes you want to make. Support your changes and include the reason for the change and an assessment of the effects on the environment resulting from the change. The Council can only consider the effects of the change assessing the impacts on other people and the environment. An application to change or cancel conditions may be processed in a non-notified or notified manner depending on the impacts of the change as described before in the consent processing stages.
Transfer of Resource Consents
If you sell your land or business you may need to transfer your resource consent to the new owner so they become the new consent holder.
If an activity needs to be transferred it is the responsibility of the two parties to arrange the transfer. Both parties are required to sign the transfer application form and there is a fee.
The original consent holder remains responsible for compliance with the conditions and any potential monitoring or enforcement costs until the transfer is actioned. It is in your interests to have the consent holder updated.
- Land use and Subdivision consents are attached to the land and transfer automatically to the new owner when the land is sold (s134 RMA). No transfer application is needed but we ask you notify consents to update the contact details for future monitoring if required
- Land use consents in relation to certain uses of the beds of lakes and rivers do not automatically transfer (s134 and s13 RMA) and will need to be transferred.
- Water permits, discharge permits, and coastal permits are linked to a person or organisation and do not automatically transfer (s135-137 RMA) and will need to be transferred.
- Application for Transfer of Consent
- Contact rcadmin@ncc.govt.nz
Surrendering a consent
If you are no longer using or requiring your consent you can ask to Surrender it. This can be done in whole or in part. Your application to surrender will be assessed by Council staff to ensure that the conditions of consent are met prior to surrender. You will be notified that the surrender has been accepted, or not.
New Street naming
For any new large subdivision consent that creates new roads the naming of the roads is undertaken by the developer as part of the subdivision process, and the street number is allocated as part of the 223/224 stage.
For situations that do not fit this pathway please contact Resource.ConsentsAdmin@ncc.govt.nz with your enquiry.
Application to change or add an address or street number
For any new large subdivision consent that creates multiple lots the street numbering for the new lots is done as part of the subdivision s223/224 process.
If a situation arises when a new address or street number is needed outside of a subdivision consent process, please use the following application form. A fee is required at the time of submitting your application, check out the fees and charges.
FORM - Application to change or add a street number or address 4 July 23