Do I Need a Resource Consent?

Resource Management Act 1991

The Resource Management Act 1991 promotes the use, development and protection of natural and physical resources in New Zealand.

It does this by providing a legal framework for resource management decisions using policy statements and plans at a national, regional and local level. This includes a system of resource consents where activities relate to the management of land, subdivision, water, soil resources, the coast, air, pollution and noise control.

The relevant resource management document for the Horowhenua is the Operative Horowhenua District Plan which includes objectives, policies and rules relating to the natural and physical resources of the Horowhenua.

Horizons Regional Council (The Regional Council) is responsible for resource consents involving discharges to air, land and water, taking, using damming or diverting water; activities in the coastal marine area (except fishing); activities in the beds of rivers and lakes and specific uses of land that may cause soil erosion.  For further information contact Horizons Regional Council.

To view, download or print a free copy of the Resource Management Act 1991 go to New Zealand Legislation website.

The Horowhenua District Council controls subdivision and land use activities such as relocating buildings and the building density allowed on properties. This is done through the Operative District Plan. If you are going to exceed a rule in the District Plan then a resource consent will be required. A resource consent is permission for a person or organisation to use or develop a natural or physical resource and/or carry out an activity that may affect the environment in the District. 

This process enables the Council to manage the environment as it is the Council's legal obligation to ensure that such effects are no more than minor under the Resource Management Act.

The links to the left contain information about how to submit a Resource Consent application for land use or subdivision. You can download the necessary forms, as well as view more detailed information in our pamphlets.

Do all subdivision and land use activities require a Resource Consent?

All subdivision of land requires a Resource Consent. It is recommended that for subdivision consents you contact you local Planning Consultant or Surveyor. These can be found in the Yellow Pages.

Land use activities which do not meet permitted activity standards in the District Plan also require a Resource Consent.

The Rules and Standards in the District Plan determine the category of your land-use or subdivision application and how it will be assessed.

Land-use activities are divided into four different categories and subdivision into three (there are no permitted activities for subdivisions):

(1) Permitted Activity

If your activity meets the Rules and Standards of the District Plan for a permitted activity you will not need a Resource Consent for your proposal. Although permitted activities do not require a Resource Consent, other consents may be required such as a building or earthworks consent.

(2) Controlled Activity

You will need to apply for a Resource Consent if your activity is controlled. There are Rules and Standards that your activity must meet to be a controlled activity. Conditions may be imposed to remedy or mitigate any effects from your activity that cannot be avoided. An Assessment of Effects on the Environment (AEE) for a controlled activity application need only address the matters over which Council reserves control, as listed in the District Plan.

- See the Ministry for the Environment website at www.mfe.govt.nz for a guide to providing a basic AEE.

(3) Limited Discretionary Activity

If the activity wish to undertake does not comply with a rule in the District Plan, it becomes a Limited Discretionary Activity. Council can approve or decline your application with regard to the non compliance. An example of this type of application is if you were proposing to site your new garage too close to the road boundary. Your AEE will have to address the non compliance and the matters over which Council has reserved its control in the District Plan. There may be potentially affected parties due to this non compliance. Using the garage as an example, your neighbours on either side may be affected.

- See the Ministry for the Environment website at www.mfe.govt.nz for a guide to affected persons/parties.

(4) Discretionary Activity

If the activity you are proposing is a discretionary activity, then it is likely that affected parties will have to be consulted and it will need to be assessed against the objectives and policies of the District Plan. Council will then decide whether to grant or refuse the consent. Conditions will usually be placed on a discretionary activity.

Applying for a Resource Consent

The Resource Consent application includes:

• a Resource Consent Application Form
• an Applicant's Information Checklist
• an Assessment of Environmental Effects Form
• a Neighbours Written Approval Form (print the number of copies you need)
• a Fees Schedule.

See Applying For a Resource Consent for an application for Resource Consent.

You will need to:

• fill in the application form
• gather the additional information to support your application
• get Neighbours Written Approval Form completed and signed
  as well as any site plans and elevations.
• return all completed forms to:

Planning Manager
Horowhenua District Council
126 – 148 Oxford Street
LEVIN.

It is in your best interest to submit a well-prepared application covering all aspects of your proposal to save you both time and processing costs. Contact a Council Planner on (06) 366 0999 to discuss your proposed consent. This is particularly recommended if you have a larger proposal in mind.

See also the page on Development Contributions as these may apply on your development.

It is advised that you seek expert assistance from a planning consultant prior to lodging an application.