Land use consent

What this application is

Section 9 of the Resource Management Act 1991 says no one may use land in a way that breaks a district plan rule unless a resource consent expressly allows it or one of the other exceptions in that section applies. The same section also covers other kinds of rules, such as regional rules and national environmental standards, each with its own exceptions.^[6]

A land use consent application in a council's list shows that an application was lodged, not that consent was granted. The council first checks that the application is complete, then assesses it and decides whether to grant or decline it.^[7][8][9]

If consent is granted, the decision sets out the reasons and the conditions the activity must follow. Both councils say an applicant who disagrees with the decision, or parts of it, can object to the council or appeal to the Environment Court.^[9][8]

What neighbours can do

Auckland Council publishes a weekly list of resource consent applications lodged in the last 26 weeks, and its Regional Planning Helpdesk can give details about specific applications. Wellington City Council says resource consent applications are public information and anyone can ask it for a copy of a recent consent.^[7][10]

An applicant may ask a neighbour for written approval. Wellington City Council says a neighbour does not have to give approval or a reason for refusing. Both councils say they accept only unconditional approval, and that once a person gives written approval the council does not take the effects on that person into account. Auckland Council says this applies both when it decides whether to notify the application and when it decides whether to grant it, and that a person who gave approval cannot appeal the decision once the consent is granted.^[11][12]

Auckland Council says a person can change their mind until a decision is made on the application, even after giving written approval, and should confirm a withdrawal in writing as soon as possible because the council may need to notify the application. Wellington City Council says written approval can be withdrawn at any time before the consent is granted.^[11][12]

Wellington City Council lets people register as an interested neighbour for a property and says it will email or write to them if it receives a resource consent application for that property. It says formal feedback is possible only if the application is publicly notified or the person is identified as an affected party.^[13]

Submissions can be made only on notified applications. If an application is publicly notified, anyone may make a submission; if it has limited notification, only people served with notice of it may, with some limits set out elsewhere in the Act. A submission can support or oppose the application, or be neutral. Under section 120, apart from the applicant (and, for some coastal permits, the Minister of Conservation), only people who made a submission can appeal the decision to the Environment Court.^[14][15][16]

Auckland Council says public notices of notified applications appear in newspapers and, for some parts of the region, on its resource consent public notices page. Wellington City Council says it advertises publicly notified consents on its website and that its public notices list consents open for submissions.^{[17][18][19][16]}

Notification

Auckland Council says it processes almost all resource consent applications without notifying the public. Wellington City Council says an application that may affect neighbours, the wider community or the environment may need to be processed as a notified consent.^[17][19]

Under section 95A of the Resource Management Act 1991, the council must publicly notify an application if the applicant asks for it, and in a few other set cases, such as when the applicant does not provide further information the council has asked for. Otherwise, unless public notification is precluded (for example by a rule or national environmental standard, or because the application is only for controlled activities or boundary activities), the council must publicly notify an application when a rule or national environmental standard requires it, or when it decides the activity will have, or is likely to have, adverse effects on the environment that are more than minor. For applications lodged before 30 October 2026, it also publicly notifies an application when it decides special circumstances warrant it. The Planning Act 2026 repealed that step for applications lodged from that date.^{[20][21][19][22][3]}

When deciding whether adverse effects are more than minor for public notification, section 95D says the council must disregard, among other things, effects on the owners and occupiers of the site and of adjacent land, and effects on anyone who has given written approval. Effects on particular people are considered when the council decides on limited notification.^[23][24]

If an application is not publicly notified, section 95B requires the council to decide whether to give limited notification. It must notify certain groups, such as affected protected customary rights groups, and, unless limited notification is precluded, each person it decides is an affected person. Under section 95E, a person is affected if the activity's adverse effects on them are minor or more than minor, but not less than minor. A person is not affected if they gave written approval and did not withdraw it before the council decided who is affected, or if the council is satisfied it is unreasonable in the circumstances for the applicant to seek their approval. Limited notification is precluded in some cases, for example when the application is only for a controlled activity under a district plan, other than a subdivision. The council may also notify other people if special circumstances warrant it.^{[24][25][17][19]}

For district land use consent applications lodged from 30 October 2026, the Planning Act 2026 amended sections 95D and 95E so that, when deciding on public notification and on who is an affected person, the council must also disregard the effects listed in section 104(1A). These include views from private property, negative effects on trade competition, effects on retail distribution and, for residential activities except in relation to historic heritage, matters such as balconies, outdoor living space, internal layout and the size of a residential unit. Auckland Council says that from 30 October 2026 it must not consider these matters when assessing some land use resource consent applications.^[22][3][26]

Submissions close on the 20th working day after the application is publicly notified or given limited notification. For limited notification, the council may close submissions earlier once every affected person has made a submission, given written approval or said in writing that they will not make a submission.^[27][17][19]

In Auckland

Auckland Council says a land use resource consent is required for an activity that affects the environment, including building and alterations, earthworks, retail, horticulture and vegetation removal. It says the Auckland Unitary Plan sets the rules and standards that manage these effects.^[1]

Auckland Council says it checks that an application is complete before accepting it. A planner then assesses it within 20 working days and recommends whether to notify it and whether to grant it. The final decision is made by a team leader or an independent commissioner, the council says.^[8]

In Wellington City

Wellington City Council says a resource consent is needed for building work that does not comply with the District Plan, and may also be needed for things such as adding an extra dwelling, certain earthworks, altering a heritage building, putting up a sign or setting up a work-from-home business. It says consent must be obtained before work starts.^[2][9]

Wellington City Council gives time frames for deciding applications of 20 working days for a non-notified consent, 100 for a limited notified consent and 130 for a publicly notified consent. It says the actual time can vary.^[9]

Read the council's own guidance

• When you will need land use resource consent, Auckland Council
• Find out if you need a resource consent, Wellington City Council
• Notified resource consents, Auckland Council
• Notified resource consents, Wellington City Council
• Written approval of affected persons, Auckland Council
• Giving written approval for a resource consent application, Wellington City Council
• Resource Management Act 1991, section 9: Restrictions on use of land, New Zealand Legislation (Parliamentary Counsel Office)
• Resource Management Act 1991, section 95A: Public notification of consent applications, New Zealand Legislation (Parliamentary Counsel Office)
• Resource Management Act 1991, section 95B: Limited notification of consent applications, New Zealand Legislation (Parliamentary Counsel Office)