The Resource Management Act 1991 (generally referred to as the “RMA”) is the main piece of legislation that sets out how we should manage the New Zealand environment. The underlying principle is the sustainable management of our resources, thereby encouraging us all (as communities and as individuals) to plan for the future of our environment.

District and regional plans are one of the most important aspects of the RMA. Pursuant to the Act Councils must prepare plans to help manage the environment in their area. It is these plans that tell you which activities you can do as of right (a ‘permitted activity’) and which activities require Council’s approval though a ‘resource consent’ application.

There are five different types of resource consent. These are:

Land-use consents – By far the most common. Generally required for activities such as earthworks, vegetation removal, and construction. Land-use consent can also be required to undertake activities such as onsite manufacturing, retail activities and most activities involving potentially hazardous goods/substances.

Subdivision – Also very common. Used to divide property and undertake boundary relocations.

Coastal Permits – Used to undertake development below the ‘mean high-water springs’ mark, and to discharge stormwater into the coastal zone.

Water Permit – Used to take water for irrigation purposes, and to dam or alter a watercourse.

Discharge Permit – Used to discharge any substance (including stormwater) into water or the air.

If you wish to undertake an activity it is always advisable to contact your local authority to confirm if consent is required before you start. If you suspect consent may be required for a relatively simple activity (such as minor-earthworks or the removal of vegetation) then the consent authority (your District or Regional Council) is generally a first point of contact. They will be able to explain how to go about talking with people who might be affected by your activity and give advice in preparing an ‘assessment of environmental effects’ (AEE).

For more complex applications (such as subdivision, construction or major earthworks) you are advised to contact a planning consultant; as it is likely that many more people will be considered affected, and that many more factors may need to be considered.

“It all sounds a bit to complicated, what happens if I just get on with it?”

The Act compels District and Regional authorities to monitor, respond to complaints, and when necessary, take enforcement action. Part XII of the Act provides authorities with the legislative tools to undertake these tasks. Penalties can include: infringement notices (instant fines), abatement notices (requiring an activity to stop, or be undertaken), excessive noise directions, enforcement orders (obtained through the court), and prosecution (with a maximum penalty of $200,000 or 2yrs imprisonment).

In short; if you are thinking of undertaking works, or an activity that may require consent, start by discussing the matter with your local Council or a planning consultant. A brief conversation now can reduce a lot of cost and stress in the future.

www.mfe.govt.nz

www.qualityplanning.org.nz

www.rma.net

Cato Bolam Consultants Limited specialise in obtaining subdivision resource consents based on the protection of natural areas, resource management planning, land and engineering surveying, and land development services. As leaders in this field we have an outstanding reputation for providing quality, cost-effective services to private clients, developers and contractors. We have specialist staff who are able to carry out the required bush and wetland quality assessment; prepare the relevant consent, reports, and scheme plan; and project manage the subdivision process.