If you're reading this guide, you've likely been told that you need a resource consent for a project or activity you're planning.
But what exactly is a resource consent, and why do you need one?
This guide will answer those questions and more, breaking down the resource consent process into simple, easy-to-understand steps.
By the end of this guide, you'll have a clear understanding of what a resource consent is, why you need one, and how to apply for one. Let's get started.
A resource consent is permission from the local council for an activity that might affect the environment and that isn’t allowed ‘as of right’ in the district or regional plan.
In other words, a resource consent is a type of permission that you need to do something that would normally not be allowed by the rules in place in your local area.
For example, you might need a resource consent to:
There are five main types of resource consent:
Each of these types of resource consent may have different requirements and processes, so it's important to understand which type of consent is required for your particular project and which agency is responsible for granting that consent.
We explain in more detail about the different resource consent types a little later in this guide.
It's important to note that resource consent processes in Auckland are different from other parts of New Zealand.
In Auckland, the council is a unitary authority, which means that it can handle both district and regional consents under the same application. This is different from other areas of New Zealand where there are separate district and regional councils.
This means that when you're applying for a resource consent in Auckland, you'll be dealing with just Auckland Council. This can simplify consent processing in a way, as it means you end up with one consent decision instead of multiple.
However, it can also mean longer processing times, and there is less of an ability to break your project up into ‘district’ and ‘regional’ components. This is because Auckland Council will usually require you to apply for all consent types at the same time, under the one application.
You need a resource consent when you're planning an activity that might have an impact on the environment and that isn't allowed as of right under the district or regional plan. This can include activities such as building a new structure, changing the use of a property, or taking water from a stream.
Resource consents are required to ensure that development and land use activities are carried out in a sustainable and responsible manner, to protect the environment and the community's health, safety, and well-being. Additionally, resource consents are also required to control and mitigate the adverse effects of these activities on the environment and the community.
There are many different factors that are taken into account when assessing a resource consent application, including:
By obtaining a resource consent, you are demonstrating that you have taken into account the potential effects of your proposed activity on the environment and the community, and that you have made efforts to minimise those effects.
This helps ensure that the activity is sustainable and responsible and that it is compatible with the existing community and the environment.
It's important to note that the process of obtaining a resource consent can be complex, and it is advisable to seek the help of a professional planner or lawyer if you're unsure about the requirements or if you want to ensure your application is successful.
Also, It's worth noting that even if you think that your proposal will not have adverse effects, our community has established expectations around the types of activities that have the potential to affect the environment and others.
Your application is an opportunity to show how you have designed your proposal to ameliorate these concerns and to assure that your proposal is designed in a sustainable and responsible manner.
There is no ‘one path’ to preparing a resource consent application. Often the whole process just starts with an idea - you want to build additions to your house or start at new business. From there, it’s a path of getting the right project team together, and getting all the plans and documentation in order, ready to lodge with the council.
As you can see, applying for a resource consent can be a long and drawn-out process, and it's important to understand the requirements and expectations of your local council and the Resource Management Act 1991 (RMA).
Engaging a professional planner or consultant can save you time, money, and help ensure your application is successful.
If you're in Auckland, you'll need to apply for resource consent through the Auckland Council.
The council only accepts online applications for resource consents, so you'll need to apply digitally.
The process of applying for a resource consent online is faster and more efficient. You'll be able to track the processing of your application online, and you'll also save money because you won't need to supply printed plans.
To ensure that your application is processed as quickly as possible, it's important to submit a good quality application.
Before you begin, check the document naming standards for resource consent online applications and complete the lodgement checklist, which you will need to upload with your application.
When you're ready to submit your application, you can pay for it online using one of the available payment options.
If you need assistance with the application process, you can visit one of the council's service centres for help. If you have any paper documents or plans that you need to submit with your application, our staff will accept them for an additional charge. The charge covers the cost of scanning your documents into their online system.
Alternatively, you could engage a planner to help do all of these tasks for you!
After you've submitted your application for a resource consent, Auckland Council will assess your application and determine which service you qualify for.
The council's expert planners will check that your application is complete and that you've provided all the necessary information.
If they have any questions or need more information, they may send you what is called a ‘section 92 request’, which will delay the processing of your application until they receive the additional information.
Once your application is reviewed, and the council has all the information it needs, they will make a decision on whether to notify the application to the public or any persons.
Following either a notification period, or a decision to non-notify the application, the council will then approve or deny your application.
The council will notify you of their decision by email and mail, and you'll be informed of the reasons for the decision, any conditions that come with the consent, and if there are any monitoring requirements.
During the process, if there are any delays and council takes longer than 20 working days to assess your application, you'll be eligible for a discount.
If the council denies your application, and you disagree with their decision, you have the option to make an objection or lodge an appeal with the Environment Court, but you'll need to do this within 15 working days of receiving the council's decision.
It is important to note that the resource consent process can be complex, and it may be beneficial to have professional help, particularly in regard to liaison with council officers and preparing further information responses.
Making sure you have an expert on your side can help ensure that your application is complete and that you're aware of any potential issues that may arise during the process.
The length of time that the resource consent process takes can vary wildly depending on the complexity of your proposal and the level of preparation of your application.
The process could take anywhere from 4-6 weeks for a well-prepared, minor proposal - in 2020/2021, the median in Auckland was 52 working days, not including any extensions of time or further information requests.
If a proposal is more complex or if further information is required, the process could take much longer. The median for a notified application with a hearing was 288 working days, again not including any on hold periods. For this project type, you’re looking at nearly 1.5 years before your application is decided!
The process will usually be quicker and smoother if you engage experts to help you with preparing your application. A planning expert will be able to advise you on the merits of your proposal and guide you through the process.
The RMA sets out timeframes for councils to process resource consent applications.
It's important to note that these are indicative timeframes and may vary if further information or approvals are required.
Most applications won’t be notified or need a hearing, but often you won’t know whether this is necessary unless you’ve had expert advice.
Almost all applications - even those prepared by qualified planners - will receive a further information request of some kind. Don’t believe any planner or architect who tells you there won’t be one! The council have a lot to consider when determining an application, and no expert planners are infallible at preparing resource consent applications!
Though, just because there is an information request, doesn’t mean there is anything inherently wrong with your application. Most of the time the council just want to clarify matters, in order to help your application through the process.
Other reasons why the process may be delayed at any point is if a report needs to be commissioned, or if a hearing is required. The council can also stop the clock for certain reasons such as waiting for other applications to be lodged or waiting for written approval from affected parties.
Common types of resource consents include:
Other common application types include:
Remember, the specific types of consents required for a proposal will vary depending on the activity and the local council's planning requirements.
You should consult with experts and the council early on in the process to ensure that the correct types of consents are being applied for - as applying for extra consents mid-way through the process is costly and time consuming!
The cost of a resource consent can vary depending on the complexity of the proposal and the level of preparation of the application.
Costs for engaging experts can be difficult to determine, but as a rule of thumb, smaller planning consultancies and solo practitioners are cheaper as they have less overheads.
If you require a building consent or engineering plan approvals, it can often feel like a good idea to use a company that is a ‘one-stop’ shop, however the overall costs can often end up higher. Planning fees for these firms are often inflated as they help to support other business areas.
In terms of the council processing costs, the Auckland Council website provides the latest up to date information on the fees and charges for resource consents, including deposit amounts, staff hourly rates, and other costs.
For all other local authorities, we have a bumper guide that includes links direct to the relevant page on each council website.
Most of the fees listed are deposit amounts only, and the actual cost may be higher. The deposits are based on averages from past applications and can be refunded if the actual cost is less. Additionally, there will usually be ongoing monitoring costs to ensure compliance with conditions of the consent, and a deposit towards monitoring costs will be payable once a consent is granted. The monitoring deposit will vary depending on the complexity of the proposal and increases slightly each year on 1 July.
To get an estimate of the deposit amount for a resource consent, the Auckland Council website has a deposit calculator that can be used.
At time of writing, the deposit amount for a residential (infringing development controls) is $4,000 and non-residential deposit is $4,500.
Applications involving more than one resource consent (e.g., land use consent and subdivision undertaken together) have a minimum deposit requirement of $9,500.
There is a document handling charge of $94 per application, which applies even when the application is lodged online.
To sum up, resource consent costs can vary widely and depend on many factors, such as the complexity of the proposal, the level of preparation of the application, and the type of consent required. Engaging with experts and consulting with the council early on can help to ensure that your application is well-prepared and minimise any additional costs.