Can I change my resource consent?
The duration or term of the resource consent cannot be changed. However, you can apply to change or cancel any other conditions.
Can I cancel my resource consent?
Yes, you can. There are conditions attached to the process. Please contact Gulab or Council to find out more.
Can someone else apply for a consent on my behalf?
Yes. You can ask someone else, such as Gulab, to apply for your resource consent on your behalf. They should be listed under the name and address for service on the resource consent application form. Council will deal with Gulab throughout the consent application process.
What is involved in the monitoring of resource consents?
Monitoring resource consent activity is done to check on the activity's environmental effects and to check whether a consent is being used according to its limits and conditions.
Some consent holders are required to do monitoring themselves and send the results to Council for checking. Council staff also carries out compliance monitoring. Sometimes a combination is used.
Council staff may also undertake monitoring if Council receives a complaint about an activity that affects the environment.
Are there charges for holding a resource consent?
Yes. Some resource consent holders are charged annual fees.
In addition, the direct costs of Council monitoring consent conditions are recovered from the consent holder.
Who pays for the monitoring?
Council charges the actual and reasonable costs for compliance monitoring to the consent holder.
What if I don't follow the conditions of my resource consent?
Failing to keep to the consent conditions may damage the environment and could also lead to enforcement action being taken against you, though sometimes problems can be resolved through discussion.
Will I need to pay a Development Contribution? Can I get an estimate of what this will be?
Your proposal may result in additional demand to Council-owned services (such as roading, reserves) and therefore will require the payment of a development contribution (DC). The full policy on DC’s can be found on all the Council websites. A basic DC estimate calculator is available online for urban developments. Application for estimates can also be made. Ask Gulab for help in this matter.
I have already got my Resource Consent and Council has told me I now need Subdivision consent?
You have probably already got a Land Use Resource Consent that enables you to build a second dwelling on to your property. However if you want to subdivide your property so that the 2 houses are on separate certificates of title, you will need to obtain Subdivision Resource Consent from Council. This means preparing a new application in terms of Council’s District Plan Rules and making sure your development meets the necessary requirements. Again Gulab can assist you here.
What is Section 223 approval?
This is an approval by the council under section 223 of the Resource Management Act 1991 that your survey plan is in accordance with your Subdivision resource consent. Once subdivision consent is issued you have five years to lodge a Survey Plan with Council.
What is Section 224(c) approval?
This is an approval by the council under section 224(c) of the Resource Management Act that confirms that all of the conditions of your consent have been met or will be met later but secured by a bond to council. This approval enables Land Information New Zealand to issue new titles.
If you fail to lodge the section 224(c) certificate with the District Land Registrar within three years of the survey plan approval, the consent will lapse. If this happens you will need to apply for new subdivision consent.
A territorial authority must not issue a certificate under section 224(f) of the Resource Management Act 1991 for the purposes of giving effect to a subdivision affecting a building or part of a building unless it is satisfied, on reasonable grounds, that the building will comply, as nearly as is reasonably practicable, with every provision of the building code that relates to one or more of the following.
• Means of escape from fire.
• Access and facilities for people with disabilities (if this is a requirement for the building).
• Protection of other property.
The building must also continue to comply with the other provisions of the building code to at least the same extent as before the subdivision application was made.
Do I have to tell my neighbour or anyone else about my proposal?
It is courteous to consult with your neighbour before starting construction work or you have a proposal in mind. However, you are not legally bound to do this unless your project requires resource consent and we consider that your neighbours, or any other person, are likely to be affected. You may get advice from Gulab on this matter.
Can a Building Consent Be Issued Prior to a Resource Consent?
A building consent may be issued prior to the approval of resource consent, however this will usually be subject to a certificate attached, restricting the commencement of the work until the resource consent has been granted. When the Council receives a Building Consent application, it is checked by one of Council’s Planners against the District Plan rules. If it is determined that a resource consent is needed to undertake the activity, a certificate is issued under section 37 of the Building Act advising that no works can proceed until a resource consent is obtained.
What is a building consent?
Means consent to carry out building work granted by a building consent authority (BCA). The BCA must be satisfied on reasonable grounds that the provisions of the building code would be met if the building work were properly completed in accordance with the plans and specifications that accompanied a building consent application.
Can I get a retrospective building consent for work done without consent?
No. The Building Act 2004 allows for any person to apply for a Certificate of Acceptance for any work that has been completed without a building consent. This however is only applicable to work carried out after the inception of the Building Act 1991 (1 July 1992). A Certificate of Acceptance must be applied for on the appropriate application form.
If you build without a building consent you are liable for a fine, may have trouble selling your property and it may affect your insurance. If property is damaged or destroyed because of a fault occurring in the unauthorised work, an insurance company could legally refuse to pay you.
Council is bound by the Building Act 2004 and has a role to ensure the health and safety of the public, with regard to dams and associated buildings, is always maintained. If you are aware of a situation that you believe compromises the health and safety of the public then you need to refer the matter to the council at the earliest date.