Resource Consent (RMA): when a build needs one

A resource consent and a building consent are two different approvals, and it’s easy to get caught out. A building consent says your construction meets the Building Code; a resource consent says your activity is allowed on this site under the District Plan and the Resource Management Act 1991 (RMA). Many projects need one, some need both, and occasionally you only need one — so it pays to check early before you price or programme the job.

Building consent vs resource consent

The two consents run on different laws and different clocks, so don’t assume one covers the other.

• Building consent — sits under the Building Act 2004, is issued by the Building Consent Authority (your council), and tests your work against the NZ Building Code (B1–G14). Statutory time is 20 working days, and it comes with inspections (siting, pre-pour, pre-line, post-line, drainage, final). Typical fee runs $1,400–$7,800 plus levies and inspections.
• Resource consent — sits under the Resource Management Act 1991 (RMA), is handled by the local council planning team, and tests against the District Plan or Regional Plan. Statutory time is 20 days for a non-notified consent, but up to 6+ months if notified. Inspections happen only sometimes (monitoring conditions). Typical fee runs $1,500–$15,000+ depending on complexity.

When you need a resource consent

You need one whenever the activity isn’t a permitted activity under the plan. Common triggers on residential jobs include:

• Activity not permitted in the District Plan — breaching height, setback, height-in-relation-to-boundary (HIRB), site coverage, impervious surface area, or the building envelope.
• Subdivision — splitting one title into two or more.
• Earthworks over the council’s permitted volume — often 30m³ residential.
• Discharges — stormwater into a watercourse, or wastewater if not connected to council sewer.
• Water take — bore, tank exceeding permitted, or irrigation.
• Heritage Overlay / Special Character — exterior changes to listed buildings or homes within character precincts (very common in Auckland D17/D18 zones).
• Removing protected trees — on the Notable Trees Register, or native bush over a threshold.
• Coastal hazard zone — building near sea or dune systems.

Activity classifications

The plan sorts every activity into a class, and the class tells you how hard the consent will be to get.

• Permitted — no consent needed, but you must meet the standards.
• Controlled — consent needed; council must grant it if conditions are met.
• Restricted Discretionary — consent needed; council can decline on specific matters.
• Discretionary — consent needed; council can decline on any RMA matter.
• Non-Complying — consent needed; must pass the strict “gateway” tests in s104D RMA.
• Prohibited — cannot be consented at all (rare).

Notified vs non-notified

How your consent is processed drives both time and cost.

• Non-notified — council decides without input from neighbours. Around 85% of resource consents. Faster and cheaper.
• Limited notified — specific affected parties are consulted (for example, an adjacent neighbour for an HIRB infringement).
• Publicly notified — anyone can submit. Hearings, decisions, and potential Environment Court appeals. Months or years.

The consent process

A resource consent application typically runs like this:

1. Pre-application meeting with a council planner (recommended — $200–500, and it saves a lot of money later).
2. Lodge the application with an assessment of environmental effects (AEE).
3. Council “stops the clock” if information is missing (an s92 request).
4. Decision — once the application is complete, council makes its call.