Information on subdivision consents, landuse consents, certificates of compliance and certificates of existing use rights.
Consents
- Land use consent
- Deemed Permitted Boundary Activity
- Subivision consent
- Additional steps for subdivision
- Certificate of compliance
- Certificate of existing use rights
On this page you'll find information about the different types of resource consents you may need for your project.
Land use consent
The term 'land use' covers:
- any activity done on the land, e.g. commerical or retail developments.
- building, additions and alterations to buildings, and controls on buildings and structures
- land modification such as earthworks.
Normally a land use consent is granted for unlimited duration, as long as the development detailed in the consent has been implemented to a significant level within five years (or a different period as written in the consent). If not, your consent will lapse.
Any land use consent that is granted is attached to the property (as opposed to a specific person).
Deemed Permitted Boundary Activity
When you can apply for a Deemed Permitted Boundary Activity
If your building activity or project is close to a boundary, and you have the neighbouring owners' written approval, you may apply for a Deemed Permitted Boundary Activity. This application replaces the need to apply for a resource consent for your proposed activity. You may still need to apply for a building consent.
If your boundary is next to a driveway, you will need to get an approval from the neighbour on the other side of that driveway.
When you cannot apply for a Deemed Permitted Boundary Activity
You cannot apply for a Deemed Permitted Boundary Activity if you are building close to a public boundary. A public boundary includes a boundary with any of the following:
- a public road or walkway
- a public open space
- a stream, river, or lake
- the coast
- an esplanade reserve or strip
- any other reserve
- any land owned by council or the crown (e.g. public schools).
What you need to apply for a Deemed Permitted Boundary Activity
In order to apply for a Deemed Permitted Boundary Activity, you will need to complete the application form and provide all the information required on the form.
Subdivision consent
You need to obtain resource consent under the district plan for subdivision activities, including for the:
- creation of a new freehold title,
- creation of a cross-lease,
- creation of a unit title development, for example a block of flats,
- relocation of boundaries.
A subdivision consent will normally have a number of conditions which may require engineering approvals and other requirements.
As well as fulfilling these requirements, you will need to engage a licensed cadastral surveyor to prepare the necessary scheme/survey plan.
Refer to the New Zealand Institute of Surveyors for information on how to engage a licensed cadastral surveyor.
Additional steps
Subdivision consents have additional steps compared to other resource consent types:
Section 223 approval
This is an approval by the council under section 223 of the Resource Management Act confirming that your survey plan matches what was granted under your resource consent.
You need to apply for section 223 approval within five years of initial consent approval.
Section 224(c) approval
This is an approval by the council under section 224(c) of the Resource Management Act that all of the conditions of your consent have been met or will be met later. This approval enables Land Information New Zealand to issue new titles.
You need to apply for section 224(c) approval within three years of the date of section 223 approval.
Certificate of compliance
A certificate of compliance gives official recognition that your activity can take place without resource consent. A certificate of compliance is not mandatory, but it provides protection against future changes for its five-year term.
It is up to you to provide evidence of your proposed activity's compliance with the District Plan/s.
We will process your application and issue a certificate if we are satisfied that the activity is permitted without a resource consent.
Certificate of existing use rights
An existing use certificate officially recognises that your activity was lawfully established in the past, before there were changes in any later district plan leading to a requirement for a resource consent.
We will grant a certificate of existing use rights if you can show that the current activity:
- was originally lawfully established
- has not been stopped for longer than 12 months
- has effects that are similar to when it was started.
This certificate is optional but officially documents existing use rights.
We will process your application and issue a certificate if we are satisfied that the activity was lawfully established, has been ongoing, and if the effects are the same or similar in character, intensity and scale.
