When Do You Need Resource Consent in New Zealand?

Under the Resource Management Act 1991 (RMA), any activity that is not expressly permitted by your local district plan or regional plan will require a resource consent. This guide explains the key triggers, activity classifications, and the application process as of April 2026.

1. The Core Question: Permitted vs. Discretionary

The RMA divides all activities into categories. The most common are:

• Permitted activities – No consent needed, provided you meet all conditions in the plan (e.g., building a standard fence under 2.5m).
• Controlled activities – Consent is required, but the council must grant it if conditions are met (RMA s.77A).
• Restricted discretionary activities – Council can only consider specific matters listed in the plan (RMA s.77B).
• Discretionary activities – Full assessment; council may grant or refuse (RMA s.87C).
• Non-complying activities – Consent is required; you must show the effects are minor or the activity is consistent with the plan’s objectives (RMA s.104D).
• Prohibited activities – No consent can be granted (RMA s.87A).

2. When Specifically Do You Need Consent?

You typically need resource consent when:

• Building or altering structures that exceed height, coverage, or setback limits in the district plan.
• Changing land use (e.g., converting a residential home to a café) if the plan requires consent for that use.
• Subdividing land – almost always requires subdivision consent under RMA s.11.
• Earthworks beyond permitted volumes (e.g., more than 50m³ in some zones).
• Vegetation removal in protected areas or significant ecological zones.
• Discharges to air, land, or water (e.g., stormwater, wastewater, or dust) – often require regional resource consent under RMA s.15.
• Taking or using water (e.g., for irrigation) – requires a water permit under RMA s.14.
• Coastal activities like building a jetty or seawall.

3. The Effects Assessment

For any discretionary or non-complying activity, you must provide an Assessment of Environmental Effects (AEE) (RMA s.88 and Schedule 4). The AEE must describe:

• The existing environment.
• The actual and potential effects (e.g., traffic, noise, visual, ecological).
• How adverse effects will be avoided, remedied, or mitigated.
• Any consultation with neighbours or iwi.

Councils use the AEE to decide whether to grant consent and what conditions to impose.

4. The 20-Day Processing Clock

Under RMA s.115, councils must process most resource consent applications within 20 working days (about one calendar month) from the date the application is accepted as complete. However:

• If further information is requested, the clock stops until you provide it (s.92).
• If the application is notified (public or limited), the clock extends to 70 working days for publicly notified consents (s.115A).
• Non-notified applications are usually faster.

5. Notification and Appeals

Most applications are processed without public notification if effects are minor and affected parties give written approval (RMA s.95A). If effects are more than minor, the council may:

• Limited notify – only affected neighbours and iwi can submit.
• Publicly notify – anyone can make a submission.

After a decision, submitters or the applicant can appeal to the Environment Court within 15 working days (RMA s.120). Appeals are on questions of fact or law.

6. Current Reforms (April 2026)

As of April 2026, the Natural and Built Environment Act 2023 (NBA) is being phased in, but the RMA 1991 still applies to most existing plans. The NBA will eventually replace the RMA, but for now, all resource consent applications are processed under the RMA unless your region has transitioned. Check with your council.