Resource Management Act 1991 — resource consent
Resource consent in New Zealand — when you need one
Not all activities require resource consent — it depends on what your district and regional plans allow. Here's how the system works and when you need to apply.
📋 Resource Management Act 1991 — resource consent requirements
The RMA activity classification system
What you can do depends on your local plans
Under the RMA, activities are classified in district and regional plans as:
- Permitted: no consent needed — but conditions may apply
- Controlled: consent required — council must grant it but can set conditions
- Restricted discretionary: consent required — council considers specific matters
- Discretionary: consent required — council considers anything relevant
- Non-complying: consent required — strong presumption against granting
- Prohibited: consent cannot be granted — the activity is forbidden
The classification depends on your specific activity, your specific location, and your specific local plan. Always check with your local council first.
Types of resource consent
- Land use consent: for activities affecting land use — buildings, subdivisions, earthworks, vegetation removal
- Subdivision consent: for dividing land into separate titles
- Coastal permit: for activities in the coastal marine area
- Water permit: for taking, using, damming, or diverting water
- Discharge permit: for discharging contaminants to air, water, or land
The application process
- Check your local district/regional plan to determine the activity classification
- Pre-application meeting with the council (recommended — often saves time)
- Submit application with assessment of environmental effects (AEE)
- Council decides whether to notify (publicly notify, limited notify, or non-notify)
- If notified: submissions received, hearing may be held
- Council issues decision — grant with conditions, or refuse
- Consents typically granted for a fixed duration (5–35 years)
Notification — who gets a say?
Most consents are non-notified
Most resource consent applications are processed without public notification — particularly if effects are minor. Notification is required when:
- The plan requires public notification
- The activity could adversely affect the wider public
- The applicant requests public notification
Limited notification may occur where specific persons are adversely affected — usually nearby neighbours.
Timeframes
Non-notified consents: 20 working days from receiving a complete application.
Notified consents: 70 working days (from submissions closing) for a hearing decision — plus time for submissions.
These timeframes can be extended by agreement or for complex applications.
Source: Resource Management Act 1991. Ministry for the Environment:
mfe.govt.nz. General information only — consult your local council for your specific situation.
Frequently asked questions
Do I need resource consent for a home extension?
It depends on your district plan and the size of the extension. Many residential extensions are permitted activities that don't require resource consent. But some areas have height, boundary setback, or site coverage rules that may be triggered. Always check with your council.
What is an Assessment of Environmental Effects?
An AEE is a document that describes the likely environmental effects of your proposed activity and how they will be managed. For minor applications, it can be brief. For complex or significant activities, a detailed AEE prepared by a planner or engineer is expected.
Can I appeal a resource consent decision?
Yes. If your consent is refused, or granted with conditions you disagree with, you can appeal to the Environment Court within 15 working days of receiving the decision.
What happens if I proceed without consent?
Undertaking an activity that requires resource consent without obtaining it is an offence under the RMA. Councils can issue enforcement orders, require you to restore the land, and prosecute. Penalties include fines and — for serious breaches — imprisonment.