law4all

In the past, we have not taken the best care of our environment and this has caused damage to our forests, soil, air and waterways. This is one of the reasons the Resource Management Act 1991 (RMA) was introduced.

The purpose of the Act is to promote the management of our environment in a way that meets the current and future needs of our communities while also looking after our environment.
Under the Act, regional, city or district councils have to prepare regional, city or district plans showing how they will manage the environment in their area. By looking at these plans you will be able to find out if you need to get a resource consent for your proposed activity.

If you want to do something that is not allowed under the RMA or is regulated by a plan,

you have to apply for resource consent.

City or district councils are responsible for managing activities on the land,

for example, building and earthworks, and regional councils are responsible for activities impacting on air or water, such as earthworks in or near a stream.

If you do need to apply for resource consent, you must provide an assessment of the potential environmental effects (AEE) of your project. Your council will be able to advise you what you need to include in your application and how much detail you need to provide in your AEE.

To find out if you need resource consent, ask your council first.

Your architect or designer should be aware if you need a resource consent when doing

the plans, for example, if the house has to be sited closer to the boundary than the city
or district plan allows.
Public Notification.

The vast majority of resource consent applications are non–notified meaning that
they do not need to go through a process involving public submissions

A small number are opened up to scrutiny of nearby neighbours (called limited notified),

or to the general public (publicly notified), when the council considers the

environmental impact of a proposed building work will be more than minor.
In some cases you may need to consult with your neighbours and get their agreement

to your plans before the application can be non-notified. For example, if your house is

going to be too close to their boundary.

If the council declines your application for resource consent or imposes conditions that

you are not happy with, you can reassess your plans - for example, move the house

back from the boundary - or abandon your idea. Or you can apply to the Environment

Court to overturn or amend the council’s decision.
The Court is made up of judges and commissioners who consider the application. You

should always get legal advice before you file an appeal and be aware that the process

can be expensive and time-consuming. Try to sort out the case by mediation before

taking it to the Court.

Building Without getting Resource Consent.
if you are constructing your building without resourse consent trhen you may be sent to Jail or to be heavily fined.