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Resource consents

Your resource consent - what you need to know

Your resource consent is an important legal document. Please keep it in a safe place so you can refer to it as necessary.

If you do not understand something in your resource consent document, please contact the ARC consents officer who processed your application.

This fact sheet below has detailed answers to the questions listed on this page. It's purpose is to help you understand what you need to know about holding a resource consent.

Fact sheet GP07 - Now you have resource consent (73.8 KB PDF)

On this page:

How long does my resource consent last?

The ‘term of consent' varies depending on the type of consent. If you apply to replace your consent no less than 6 months before the expiry date, you can continue to operate under the conditions of the consent until your application to replace the consent and any appeals is decided.

The fact sheet above 'Now you have a resource consent' contains all the information you need once you have a resource consent.

Why do I have conditions on my consent?

Conditions are placed on your consent activity to protect the Auckland region's natural and physical environment for current and future users. Therefore, it is your responsibility to adhere to the conditions placed on your consent activity. They are designed to avoid, resolve or mitigate any advertise environmental effects resulting from your activity.

Can I change my consent conditions?

If there is a change in circumstances which requires a modification of consent conditions, you can apply to change or cancel a consent condition:

  • for changes to consents that were not notified or that did not receive submissions, this may be a simple process involving the production of a short report by the consents officer and an amendment of your consent
  • for consents that were publicly notified and received submissions, the process may involve obtaining agreement from the submitters, or may even require a hearing.

The expiry date of a resource consent cannot be changed.

What happens if I don't use my consent?

If you do not start the activity authorised by your resource consent within five years of it being granted (or the commencement date specified on the consent), the resource consent will automatically lapse. If a consent is exercised and then not exercised for a continuous period of five years we can also cancel a consent by giving written notice to the consent holder.

You can apply to us for an extension of up to three months if you have made substantial progress towards giving effect to the consent.

Can I change my resource consent?

The duration or term of the resource consent cannot be changed. However, you can apply to change or cancel any other conditions. Read more details in the fact sheet.

Can I surrender my consent?

Yes, if you no longer wish to undertake the activity which it authorises. We are required to give notice of acceptance before the surrender takes effect. Prior to surrender you are liable for:

  • any non-compliance with any consent conditions prior to surrender
  • any consent holder charges for the consent up to the time of its surrender.

If there are any incomplete works at the time you apply to surrender the consent, we may direct you to complete the works.

Can I transfer my resource consent?

Resource consents can generally be transferred. This can be done if you are selling your property or business and the new owner wishes to continue the activity authorised by resource consent. Read the fact sheet to find out more about transfers.

Can I cancel my resource consent?

Yes, you can. There are conditions attached to the process. Read more details in the fact sheet.

What is involved in monitoring of resource consents?

Monitoring of resource consent activity is undertaken to check on the resource activity's environmental effects and to check whether a resource consent is being used according to its limits and conditions.

Some consent holders are required to do monitoring themselves and send the results to the ARC for performance auditing. Council staff also carrying out compliance monitoring. Sometimes a combination is used.

Council staff may also undertake monitoring if we receive a compliant about an activity that affects the environment.

Who pays for the monitoring?

Under section 36 of the RMA, the Council charges actual and reasonable costs for compliance monitoring. The fact sheet has more details.

What if I don't adhere to the conditions of my resource consent?

Failing to keep to the conditions may damage the environment and could also lead to enforcement action being taken against you, though most problems are resolved through discussion.

Are there charges for holding a resource consent?

Yes. Under section 36 of the Resource Management Act, the majority of resource consent holders are charged fees on an annual basis.

In addition, the direct costs of monitoring of consent conditions by the ARC is recovered from the relevant consent holders. There is detailed information about monitoring costs in the fact sheet.

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