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Resource Consents

More information about Resource Consents

The Ministry for the Environment has prepared a series of easy to understand guides on the requirements and processes for Resource Consents. The beginner’s guide below is linked to the Ministry’s site for your convenience:

A beginner's guide to resource and building consent processes under the Resource Management Act 1991

For an overview of the Council Resource Consent process, please go to

Resource Consents relate directly to the rules set out in the District Plan, Regional Plans or the Resource Management Act.

Resource Consents are necessary when a District Plan rule or Resource Management Act 1991 provision is breached.

Resource Consent Related Issues

If you would like to confirm that an existing activity or structure has existing use rights (i.e. you know that it contravenes a current rule in the District Plan but that it was lawfully established before the District Plan rule came into effect), then you could apply for a Certificate of Existing Use under section 139A of the Resource Management Act 1991.

If you would like to check whether your proposed activity is permitted (and therefore will not need a Resource Consent), then you could apply for a Certificate of Compliance under section 139 of the Resource Management Act 1991.

If your proposal relates to a designated site, such as a school, then you may wish to refer to the Outline Plan For Designated Sites pamphlet, which explains how to apply for approval of an Outline Plan for the proposed works under section 176 (a) of the Resource Management Act 1991.

If you would like to create or change any right of way easement over a property, then you may wish to apply for right of way approval under section 348 of the Local Government Act 1974.

Assessment of Environmental Effects

An Assessment of Environmental Effects is a report that must be provided as part of every resource consent application. The role of the Assessment of Environmental Effects Report is to detail the effects your proposed activity may on the environment. It is worth looking at the terms ‘effects’ and ‘environment’ carefully, because under the Resource Management Act (RMA) they both have wide-reaching definitions. The Ministry for the Environment has prepared an easy to understand Guide to preparing a basic Assessment of Environmental Effects. The link below will take you to this document on the Ministry’s web site:

Council has also written a pamphlet on the Assessment of Environmental Effects.

Categories of activity

There are five categories of activity:

Permitted
The proposed work must comply with all the Rules specified within the District Plan (Permitted Activity Conditions) and if it does, it may be undertaken as of right. No Resource Consent is required.

Controlled
A Resource Consent application for a controlled activity is required and conditions may be imposed in respect of certain matters over which the Council has reserved a right of control in the District Plan. A Controlled Activity cannot generally be refused by Council unless it is an application for a subdivision which may be subject to certain circumstances described in the Act.  To ascertain whether your project falls within these circumstances, please contact a Resource Planner.  Consent may be granted, but subject to conditions.

Restricted Discretionary
A Resource Consent application is required and the Council has discretion to grant or decline the application. If granted, the consent may be subject to conditions. The Council restricts its discretion to consideration of the specific assessment criteria as stated in the District Plan.  The Council must therefore relate only to those criteria and their effect, when the decision whether or not to grant the consent is being made and any conditions imposed.

Discretionary
A Resource Consent application is required and the Council has full discretion to grant or decline consent. Assessment criteria are stated in the District Plan and any consent granted may be subject to conditions. Speak to a Resource Planner to check whether your project falls within this category.

Non-complying
A Resource Consent application is required and a consent will not be granted unless the Council is satisfied that the granting of the consent will not be contrary to the Objectives and Policies of the District Plan, or that the environmental impact will be minor. If consent is granted, there may be conditions imposed.

Prohibited  
No Resource Consent application will be accepted as activities in this category are expressly forbidden by the District Plan and Resource Consent can not be granted.  A Plan Change is needed to amend prohibited activity status. Any person may make an application for a Plan Change.

Types of Resource Consent

There are 5 main types of Resource Consent:

  1. Land use consents
  2. Subdivision consents
  3. Coastal permits
  4. Water permits
  5. Discharge Consents/Permits (for discharges into air, water or land)

The three types of Resource Consent which this Council deals with are:

  1. Land use consents
  2. Subdivision consents
  3. Discharge Consents for residential effluent discharge

The other types are dealt with by the Northland Regional Council.

The type of consent you need to apply for depends on the exact nature of your proposed activity.  In some cases, you may need to apply for more than one type of consent.  We encourage you to make an appointment with one of our Resource Planners to discuss your project.  There is no charge for the first half hour.

Please note that it is an offence if you do not obtain consent when a Resource Consent is required.

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Fees and Development Contributions

For information about Resource Consent fees and Development Contributions please either see our Information Booklet which includes Building, Planning and Development Fees, or consolidated fees & charges.

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Notified and non-Notified Consents

Under the Resource Management Act applications require public notification unless the Council is satisfied that written approval has been obtained from every person who may be adversely affected by the granting of the Resource Consent and that the adverse effect on the environment will be minor.

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Applications with written approval

Written approval from the people who may be affected by your proposal can have a major bearing on:

  • whether the application is notified or non-notified
  • the final outcome of the Resource Consent application
  • the time and cost involved in processing the application

If written approval from all adversely affected parties has been obtained and the environmental effects of the proposed activity are minor, the Far North District Council may decide not to publicly notify the Resource Consent application. 

Once an affected person has supplied their written approval of an activity, the Council cannot take into account any adverse effects that activity may have on them. This is the case whether or not the application is publicly notified.

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Asking for approval from affected parties (neighbours)

  1. Identify everyone likely to be affected by your proposed activity. Show them your complete resource consent application – including the application form, plans and the Assessment of Environmental Effects Report.
  2. Finalise your plans before seeking the approval of affected people. If you revise your plans after approval has been obtained, you will generally need to re-obtain written approval from all those affected  
  3. Provide them with any relevant information, brochures/pamphlets produced by the Council which may assist them in understanding the processes.
  4. Make sure each affected person (or someone who has power of attorney to sign on their behalf), signs a full copy of the plans unconditionally. If .affected persons living at a particular address don't own the property (i.e. they are tenants), you may also need to get the owner(s) approval. Ensure when getting the property owners’ approval that the signatures of everyone registered on the property's Certificate of Title are obtained.
  5. Put yourself in the affected person’s shoes, and try to appreciate their concerns.
  6. Keep an open mind and be flexible – you may be able to change your proposal to meet an affected person’s concerns, and still achieve your own objectives.
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Applications without approval

If you do not obtain written approval from all the affected persons, or if the Council considers the environmental effects to be potentially major, your application will need to be publicly notified.

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What is public notification?

When a Resource Consent application is publicly notified details about that application are publicly advertised and sent to any relevant interest groups as well as anyone who has been identified as being directly affected by the proposal.

Notification is intended to give the public the opportunity to ‘have their say’ on the activity proposed in the Resource Consent application.

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Does the application need to be notified?

The Council responsible for considering the Resource Consent application decides if notification is necessary, in accordance with the criteria set out in the Resource Management Act.

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Who needs to be notified?

The Resource Management Act states that the following persons and organisations must be publicly notified

  • the owner and/or occupier of the land where the activity proposed in the Resource Consent application will be carried out
  • persons likely to be directly adversely affected by the proposed activity (e.g., adjacent neighbours) which is determined by the proposed activity and will be listed in the ‘public notices’ section of a relevant newspaper/s). The Council may also advertise the application in other forums depending on the circumstances of the application, and if there are any cross-boundary issues with other local authorities.
  • Department of Conservation, if the application is for an activity on land adjoining the coastal marine area
  • Historic Places Trust (Pouhere Taonga) if its interests are affected (e.g., the proposed activity relates to a building of historic significance)
  • Minister of Fisheries, if the application relates to a marine or fish farm
  • Local authorities, iwi authorities and other authorities or persons considered appropriate.

The applicant also needs to put up a notice in a clearly visible place on or next to the location of the proposed activity unless it is impractical or unreasonable to do so.

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The notification process

If an application is publicly notified there is a period of 20 days for written submissions to be sent to the Council. Once this period is over the District Council is notified and a Public Hearing is organised.

The applicant and anyone who has made a submission may speak at the Public Hearing before the Council's Hearings Committee who will then decide whether or not the proposed activity will be allowed to go ahead.

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Non-notified applications

If it is determined by the Council that an application can be processed without public notification, they will make a decision on the outcome of the application within 20 working days from the date of lodgement,  provided no further information is needed.

If further information is needed, then the working days stop until all necessary information has been received.

Any person may seek a Judicial Review of the Council’s decision not to notify an application. This is done by making an appeal to the High Court who will check to see that the legal processes were followed and that the Council made a reasoned decision (You should seek legal advice if you wish to follow this process).

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Making Submissions

Anyone can make a submission to support, or object to, Resource Consents. If you would like to do this:

  1. The Resource Consent must be one that has been publicly notified, i.e:
    • advertised in a newspaper
    • sign-posted on the affected property
    • affected parties contacted by mail 

  2. Submissions must be received by the Council within 20 working days from notification date

  3. You should fill out a submission forms which are available from any Service Centre of the Far North District Council, by submitting the Online Resource Consent Submission Form or you can download the Printable Resource Consent Submission Form (PDF) and post the submission form using our normal contact details

  4. A copy must also be sent to the Applicant’s address for service and this submission then becomes available to the public.

After 20 working days all submissions are reviewed by the Council. Hearings are held with the Committee and these are open to the public, however only those who have made a formal submission are permitted to speak at the Hearing. Final decisions are made by the Committee, and the result provided to everyone concerned.

Further appeals may be taken to the Environment Court.

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What happens next?

Once all the correct processes have been completed and Resource Consent is granted, you may start work on your project, provided you have obtained all other necessary consents and permits, such as Building Consent. The work you carry out will be monitored to ensure that it complies with the conditions of your Resource Consent.

If you are dissatisfied with the conditions of your resource consent, there are a number of actions you could take, including:

Use the Post Approval Application Form to request an extension of time, or to request a change or cancellation of conditions.

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Monitoring of Resource Consent Conditions

Local authorities are made responsible by the Resource Management Act for the monitoring of resource consents, effectiveness of plans such as district plans and policy statements and the overall state of the environment.

For more information about the monitoring of Resource Consents, how we monitor them and what happens if conditions aren't met refer to:

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Further resources

The following websites will provide further information:

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Page updated: 25 September, 2008