You need a resource consent if you plan to build or use land in a way that does not comply with the Kaikōura District Plan.
Click the links below to find out more about the various consents.
This video by Hutt City Council explains what a resource consent is, the resource consent process and whether you might need one.
Do I need a resource consent?
Whether a resource consent is required and what type of consent is needed depends on what you want to do and how it is classified in the District Plan. The District Plan provides rules and related information that will help you decide whether or not you need a resource consent.
You should always check the District Plan before you make any changes to your property. The District Plan is legally binding and if you breach it or do not obtain a resource consent when one is needed, you may face penalties.
Resource consents are not needed for some minor activities which are permitted by rules in the District Plan. You do not need a resource consent for permitted activities. However, permitted activities may require you to comply with a range of conditions or criteria. If you cannot meet these conditions, then you will need to obtain a resource consent.
If you want to replace a building that was damaged or destroyed in the earthquake, or restart an activity that stopped due to the earthquake you might be able to relying on Existing Use Rights.
The rules for subdivision and lot sizes can be found in Chapter 13 of the District Plan.
Important information for all subdivisions and changes of land use, especially rural subdivisions
The National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health relates to land which is actually or potentially contaminated either from an activity or industry on the Hazardous Activities or Industries List (HAIL) or where a HAIL activity is likely to have been undertaken on that land. Please visit the Ministry of Environment website for more information.
If your site is identified as a site where a HAIL activity may have taken place (on Environment Canterbury's Listed Land Use Register), then you can download a guidance form to assess whether your planned activity is at risk of disturbing the soil.
If you would like to find out whether your site is identified as a HAIL site, fill in this form and submit it to Council with your PIM and building & planning assessments for building consents or land use consents.
I need a resource consent, how do I get one?
Once you have worked out that you need a resource consent, you will need to gather together the relevant information.
- Get an application form (see Application forms below)
- Obtain specialist reports from a professional if needed
- Have a pre-application meeting (optional - see more info below)
- Send your application to the Planning Department at the Council once your application is complete
Once your application is accepted you will receive an email from the Council. If your application has incomplete information it will be returned to you outlining what additional information is required.
The Council provides a pre-application service where we will meet with you before you submit your application to help ensure your application has all the information we think is necessary. To arrange a meeting, call 03 319 5026.
You may bring any advisors or consultants who will be involved in your proposed development, or anyone you think would help you at the meeting. Once we have received your request we will contact you to discuss your proposal. This will help us to ensure the right technical staff attend the meeting.
Once your resource consent has been granted, the consent will be subject to certain conditions. These conditions may impose limits or standards to which the activity must comply. Some of these conditions may require the consent holder to:
- Undertake the condition(s) within a certain timeframe
- Advise the Council when certain steps have been undertaken
- Have an aspect of your activity signed off by the District Plan Manager (or similar) from the Council, prior to the activity proceeding.
While it is the Council's responsibility to monitor resource consents, the consent holder is ultimately responsible to ensure that conditions are being complied with.
Various actions may be taken by the Council if the conditions of a resource consent are not being met or complied with. Depending on the circumstances, these can include issuing an:
- Abatement notice (an official warning that the Resource Management Act is being breached)
- Enforcement order (court-backed order demanding compliance)
- Instant fine
- Prosecution and a fine imposed by the courts (when breaches of the conditions are severe)
Consents require different monitoring. Each resource consent calls for different skills and technical knowledge, as well as a different monitoring strategy.
The monitoring of resource consents may involve:
- Inspections by the Council's Monitoring and Compliance Officers
- Inspections and/or monitoring by consultants appointed by the Council.
A land use consent may require longer term monitoring, such as:
- Commencement of activity
- Ongoing monitoring
- Completion of condition (where applicable)
- Review period.
Fees will be charged at an hourly rate. For further information relating to conditions and monitoring of resource consent applications, please visit Quality Planning - RMA Enforcement Manual.
The decision on whether an application is non-notified, limited notified or publicly notified is made by the Council, based on the rules in the district plan and criteria set out in the Resource Management Act 1991. These include whether adverse effects will be minor and whether all affected parties have given their written approval to the application.
What is for?
If you are proposing a structure that breaches the setback rules and are able to obtain the written approval of the neighbouring allotment owners
If you are proposing to use your land in a way that does not comply with the District Plan
To apply for subdivision consent to ensure that any adverse effects on the environment are identified and dealt with.
To apply for bed & breakfast, homestay or a commercial holiday home that doesn’t comply with district plan rules.
To apply to undertake Earthworks within 20m of an Archaeological site. Or to damage, modify or disturb an Archaeological site.
If you are proposing to use your land on a temporary basis in a way that does not comply with the District Plan
Submission on application concerning resource consent that is subject to public or limited notification
To apply to erect a sign that is not compliant with District Plan rules.
For affected parties to give written approval for an activity that is subject to a resource consent.
To apply to put in a new vehicle crossing.
To apply for water/sewer/stormwater connection.
Your feedback is important to us. Feel free to fill out a survey about your experience with the resource consent process.
7 October 2019