2023 Guide to Understanding Resource Consents in Auckland: 10 Top FAQs Answered
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.
We’ll cover:
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.
1. What is a resource consent?
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:
put up a garage or construct a building close to your neighbour;
subdivide your property;
build a multi-storey apartment block; or
take water from a stream.
There are five main types of resource consent:
land-use consent
subdivision consent
coastal permit
water permit; and
discharge permit.
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.
2. Why do I need a resource consent?
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:
Effects on the environment, such as the impact on water, air, and soil quality
Effects on the community, such as traffic and noise
The location and context of the proposal, such as whether it is in a coastal or sensitive area
Whether a proposal complies with the district or regional plan (or the unitary plan in the case of Auckland), which outlines the rules and regulations for development and land use activities in the area
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.
3. How do I prepare my resource consent application?
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.
Start with an idea or project: Begin by thinking about the activity you want to undertake and whether it might need a resource consent. If you’ve stumbled onto this page, you’ve possible been searching the internet already to find out what a consent is, so you may have already been told by an architect or a council that you need one!
Consult with others: Talk to your neighbours, your local council, and other people who may be affected by your proposal to get their feedback and input. Some people are really hesitant about talking to people, potentially those that could be affected, but from our experience it always creates a more open relationship and minimises future conflict. The last thing you want is an upset neighbour when you’ve already booked in contractors and started work.
Develop your proposal: Based on your consultations, develop a proposal that takes into account the views and concerns of others (assuming they’re genuine), and meets the requirements of the Auckland Unitary Plan. If you can’t meet a particular rule or standard in the plan, don’t sweat - that’s where a professional planner can help you.
Check the record of title: Before you apply, check the record of title for your property to see if it has any conditions, such as consent notices, covenants, rights of way, or easements that may restrict your proposed activity. You can order a copy of the title from Land Information New Zealand. Make sure to also order a copy of any instruments on the title, as these can help better inform on any restrictions that may apply.
Check the Auckland Unitary Plan: Look up the AUP, which tells you what activities you can do on your land and any rules associated with them.
Do a property search: Use the council website to order a property file. This will give you a copy of any building and resource consent documents and any correspondence about the property.
Get a land information memorandum (LIM): If you're thinking about buying land or buildings, it might be worth ordering a LIM from Auckland Council. This report will give you council information about that piece of land, including what the district plan allows the land to be used for. You would usually always order a LIM before you buy land.
Seek professional input: You have now confirmed that you require a resource consent. It is often a good idea at this point to engage a planning consultant. They can advise you on the merits of your activity and, if needed, prepare and lodge your application for you. You may also need a report from a technical specialist. For example, if you are in a flood zone, you may need an engineer with experience in flooding assessment and design.
Engage with mana whenua: Engaging early with mana whenua (iwi, hapū, whanau) can help you both to understand each other’s views. Participation of mana whenua in your proposal can result in a better application that builds positively on the knowledge and special relationship they have with the environment. The necessity of this engagement will depend on your proposal, the scope of the matters set out in the relevant plan (e.g., Auckland Unitary Plan), and whether there are any works proposed in a culturally sensitive environment. You can find mana whenua contacts for your area here.
Prepare your application: Once you have gathered all the necessary information and input, it's time to prepare your application. Make sure you include all the necessary documents and information, such as site plans, technical reports, and statements of effects on the environment. It's a good idea to use the council's application forms and checklist to ensure you have included everything that's needed.
Lodge your application: Once you have prepared your application, you can submit it to the council. Make sure to be prepared for how much you’ll need to pay. Online applications are usually faster, and you can track the processing of your application online.
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.
4. How do I apply for a resource consent?
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!
5. What happens during the resource consent process?
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.
6. How long does the resource consent process take?
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.
For non-notified consents, the total processing time is 20 working days.
For notified consents, the total processing time ranges from 60-130 working days depending on whether a hearing is required.
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.
7. What are some common types of resource consents?
Common types of resource consents include:
Land use consent: This type of consent is needed for any activity done on the land, such as commercial or retail developments, building, additions and alterations to buildings, and land modification such as earthworks. A land use consent is usually granted for an 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). These is by far the most common type of consent that people need to obtain.
Subdivision consent: This type of consent is needed for activities related to the creation of a new freehold title, cross-lease, unit title development, or relocation of boundaries. Subdivision consents may have a number of conditions that might require building consent and engineering approvals, and a licensed cadastral surveyor will need to be engaged to prepare the necessary scheme/survey plan.
Coastal permit: A coastal permit is required for activities that take place in, on, over, or under coastal marine areas. Examples of activities that may require a coastal permit include building a seawall or jetty, dredging, and placing structures in the coastal marine area. If you are developing land nearby the coast, you may need a coastal permit for some of your proposed works.
Discharge permit: A discharge permit is required for discharging contaminants or pollutants into the air, land, or water. This can include things like industrial discharges, sewage treatment plant outflows, and agricultural runoff. The permit outlines the specific conditions that must be met to ensure the discharge does not harm the environment or human health. Common reasons why these permits are required in Auckland include for discharge of stormwater where not connected to the public network, and when moving or disposing of soil from contaminated land.
Water permit: A water permit is required for taking or diverting water from a water body, such as a river or stream, or from groundwater. The permit will usually set out the conditions under which the water can be taken, including the maximum volume that can be taken, any specific requirements for measuring and reporting the water use, and any conditions to protect the water body and its ecosystem. We find that these permits are frequently required for development in Auckland involving excavation and the construction of basements, where there is the potential to divert or dewater groundwater. The specialist assessment required for these applications can be very expensive, and usually even require the council to engage experts to review.
Other common application types include:
Section 223 and 224(c) approval: These approvals are needed to confirm that a subdivision survey plan matches what was granted under a subdivision resource consent, and that all of the conditions of the subdivision consent have been met or will be met later. This enables Land Information New Zealand to issue new titles.
Certificate of compliance: This certificate gives official recognition that an activity can take place without a resource consent. It provides protection against future changes for its five-year term. Once granted by a council, these certificates are treated as if they are a resource consent.
Certificate of existing use rights: This certificate officially recognises that an activity was lawfully established in the past, before changes in plans led to the requirement for a resource consent. It documents existing use rights. It is optional to apply and obtain one of these, but it could be useful, particularly if you think that someone may question in future whether an activity was permissible or not.
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!
8. How much does a resource consent cost?
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.
9. What happens if my resource consent application is declined?
First, it's important to note that the number of resource consent applications that are declined in New Zealand is relatively low.
Most applications are either approved or withdrawn by the applicant before a decision is made. Even if an application is not well-prepared or is missing required information, it is more likely to be returned under s88 for revisions or additional information, rather than being outright declined.
However, in rare cases, a council may determine that a proposal does not comply with the relevant planning instruments (e.g., district plan, regional plan or regional policy statement) or that the environmental effects of the proposal cannot be adequately mitigated. If this happens, the applicant will receive written notification from the council explaining the reasons for the decline. Most of the time a decline decision will follow a hearing on the application, where all parties have had the right to be heard.
The council will usually provide feedback or request additional information early in the process, so it's unlikely that the decision to decline would come as a surprise.
If an application is declined, the applicant has the option to appeal the decision. It's recommended to seek legal advice before making an appeal, as there are strict lodgement timeframes and requirements. Alternatively, the applicant can also consider amending their application and resubmitting it to the council, taking into account the reasons for the initial decline.
Note that not all of the money spent on council processing may be refunded if an application is declined, and in some cases, there may be additional processing costs. This is why it's important to make sure the application is well-prepared and complete from the start.
Engaging experts such as planning consultants can help to ensure that an application is well-prepared and minimise the risk of a decline. These experts can advise on the merits of the proposal, guide through the process, and flag any potential issues that may lead to a decline.
10. Top tips for a successful resource consent application
Here are our top ten tips for making sure your resource consent application is a success. We define success as being low cost, non-notified, low processing days, and an approval. Hint: It’s all about preparation!
Start by thoroughly researching your proposal and the relevant regulations, such as the Auckland Unitary Plan, to ensure that your proposal is compliant and that you understand the process. If your proposal is not compliant, see whether you can make it as compliant as possible. If you feel that there are good reasons to deviate from plan requirements, make sure these are documented and discussed with a planning professionals.
Engage with your neighbours, council, and other relevant stakeholders early on to gather feedback and input, and to address any concerns they may have. This can help to minimise the risk of objections and delays later in the process. Think about how you feel when something goes on next door or in the neighbourhood that comes as a surprise to you.
If your proposal involves natural resources or is located in a sensitive cultural environment, be sure to engage with mana whenua early on. This can help result in a better application that builds positively on the knowledge and special relationship they have with the environment.
Seek professional input from a planning consultant or other relevant technical specialists (e.g., engineers, environmental consultants) to ensure that your application is well-prepared and that all relevant information is included.
Ensure that you include all the necessary documents and information with your application to avoid delays and additional processing costs.
Consider submitting a pre-application request to the council to get an indication of any potential issues or concerns before you formally lodge your application.
Be prepared to address any conditions or issues that are raised during the processing of your application, and work with the council to find mutually acceptable solutions.
Be prepared for the fact that the process can be complex and time-consuming and that there may be additional costs to the council deposit.
Be proactive in addressing any concerns raised by council or other stakeholders during the process and be willing to make changes to your proposal if necessary to achieve an approval, or to mitigate effects on potentially affected persons.
Continuously monitor the progress of your application and be ready to provide additional information or clarification as requested by the council to avoid delays. If you’re going on holiday, make sure that someone is doing this for you!
Conclusion
The resource consent process can seem daunting, especially if you're unfamiliar with planning rules, regulations and requirements.
However, by following the best practices and tips in this guide, and working with the right people, such as planning consultants and technical specialists, you can ensure that your application is well-prepared and has the best chance of success.
If you have any questions or think we’re missing something - you may have already had an experience of your own - let us know in the comments below.
