Find Out How to Renew Your Consent Before Time Runs Out: A Guide to the Expiry of Resource Consents
A resource consent is a legal permit that allows a person to use land or carry out an activity that would otherwise be restricted by the Resource Management Act (RMA) in New Zealand.
You can learn more about resource consents in our comprehensive FAQ guide.
The validity of a resource consent is typically defined by its expiry date, which is usually specified in a consent condition. This date marks the end of the term of the consent, once it has been put into effect.
This guide explains all you need to know about the expiry of resource consents.
TLDR Summary
Short on time? Below is a bite size take-away of all you need to know.
District land use consents do not usually have an expiry date and are considered permanent once given effect to, while regional consents have a limited term, ranging from 5 to 35 years.
To renew a resource consent, one must apply for a renewal or extension, similar to the original application process.
If a resource consent is expiring and one wants to continue the activity, they can apply for a new consent before expiry.
If an application is made at least 6 months before expiry, you can continue to operate until new consent is granted/declined, and appeals have been determined.
If an application is made within 6 months to 3 months before expiry, the authority may allow operation until new consent is granted/declined, and appeals have been determined.
If an application is made less than 3 months before expiry, it will be treated as a new application and the RMA does not grant the right to continue operating under an expired consent.
To renew a resource consent, an assessment of the value of the existing consent holder's investment must be provided.
You may be eligible for a discount on processing fees if the new application is made at least 6 months before expiry, and the council does not decide the application before the existing consent expires.
Do Resource Consents Expire?
Not all resource consents will have an expiry date.
District land use consents, such as those required for constructing a house or starting a new business, do not typically have an expiry date and are considered to be in perpetuity, as long as the conditions of the consent have been fulfilled before it lapses.
On the other hand, regional consents, such as discharge consents, water consents, and coastal consents, typically have a limited term, ranging from five years to a maximum of 35 years, if not specified otherwise. These consents are subject to expiry and require renewal or extension beyond their specified term.
How do I renew a Resource Consent?
To renew your expiring resource consent, you'll need to apply for a new consent under a new application.
The process of renewing a resource consent is similar to the original consent application process.
Your application must be prepared as if the activity had never occurred, with some exceptions as discussed below.
Exercising Rights under an Expired Resource Consent (s124 of the RMA)
The RMA at section 124 outlines two scenarios in which you can continue to exercise your rights under the existing consent while your new consent application is being processed.
Scenario 1: Application Made 6 Months Before Expiry If you apply for a new consent at least 6 months before the expiry of the existing consent, you may continue to operate under the existing consent until a new consent is granted or declined and all appeals have been determined.
Scenario 2: Application Made Within 6 Months to 3 Months Before Expiry If you apply for a new consent within the period that begins 6 months before the expiry of the existing consent and ends 3 months before the expiry of the existing consent, the consent authority may allow you to continue to operate under the existing consent, in its discretion. You may continue to operate until a new consent is granted or declined, and all appeals have been determined.
If you apply for a renewal or extension of your resource consent less than 3 months before the expiry of the existing consent, section 124 of the RMA does not apply.
Your application will be treated as any other new application and will be processed by the consent authority accordingly.
The RMA does not automatically grant the right to continue operating under an expired consent. Once the existing consent has expired, any continuation of the activity or use of the land will be considered unauthorised and could result in enforcement action.
To avoid this, it is recommended that you apply for a new consent as early as possible, ideally well in advance of the expiry date.
Assessing the Value of the Existing Consent Holder's Investment
When applying for a renewal of a resource consent that is subject to section 124 of the RMA, you will need to provide an assessment of the value of the investment of the existing consent holder.
This is a requirement under Schedule 4, clause 3 of the RMA. The assessment of value assists the consent authority with considering the value of the investment when considering the application under section 104(2A).
The value of the investment refers to the monetary and non-monetary value of the resources, improvements, and time that have been put into the land or activity under the existing consent.
This could include the cost of constructing buildings or infrastructure, the value of crops or other resources produced, and the time and effort put into developing and maintaining the land or activity.
When preparing the assessment, it is important to provide a comprehensive and accurate representation of the value of the investment to ensure that the consent authority can take this into consideration when making their decision on the renewal application.
This information will help the authority to better understand the importance and significance of the existing consent and the impact that a decision to decline the renewal could have on the existing consent holder.
By providing a thorough and well-supported assessment of the value of the investment, the existing consent holder can demonstrate the significance of their existing consent and the importance of renewing it for their continued use of the land or activity.
Discount on Processing Costs
If you have a resource consent that is about to expire and you apply for a new one, you may be eligible for a discount on the processing fees charged by the consent authority who is processing your application.
The discount is based on the length of time between the expiration of the old consent and the decision made on the new application by the local authority.
If you apply for a new consent at least 6 months before the expiry of the existing consent, or if you apply within 6 to 3 months before the expiry and the local authority allows you to continue with the existing consent (i.e., your application is subject to section 124 of the RMA), the discount will not apply if the decision on the new application is made before the old consent expires.
However, if the decision is not made within the required time frame, a discount of 1% per working day beyond the expiry date that the new application is being processed will apply, up to a maximum of 50 working days.
Summing Up
The expiry of resource consents in New Zealand is an important aspect to consider for anyone holding a resource consent.
The validity of a resource consent is typically defined by its expiry date, which is usually specified in a consent condition.
The expiry of resource consents can differ based on the type of consent, with district land use consents generally considered to be in perpetuity and regional consents having a limited term.
To renew a resource consent, the holder must apply for a renewal or extension of the consent before the expiry date. The process of renewing a resource consent is similar to the original consent application process. The RMA at section 124 outlines two scenarios in which the holder can continue to exercise their rights under the existing consent while their new consent application is being processed.
When applying for a renewal, the holder must provide an assessment of the value of their investment in the land or activity under the existing consent, as per Schedule 4, clause 3 of the RMA.
The value of the investment refers to the monetary and non-monetary value of the resources, improvements, and time that have been put into the land or activity under the existing consent. Providing a thorough and well-supported assessment of the value of the investment can demonstrate the significance of the existing consent and the importance of renewing it for the continued use of the land or activity.
Finally, the holder may be eligible for a discount on processing fees charged by the local authority if they apply for a new consent well in advance of the expiry date.
Make sure to apply for a new consent as early as possible to avoid enforcement action and ensure the continued use of the land or activity.
