The Resource Management Act 1991
Resource Management in New Zealand reflects a principle known as the sustainable management of natural and physical resources. This principle recognises that people need to use resources, but that resource use should not lessen the capacity of the environment to provide those resources.
The Resource Management Act 1991 provides the legal framework for resource management decision-making. The act governs the management of land, subdivision, water, soil resources, the coast, air, and pollution control (including noise control). The purpose of the act is to promote the sustainable management of natural and physical resources.
Local authorities have direct responsibility for the day-to-day management of resources by ensuring resource users avoid, remedy, or mitigate the environment of natural and physical resources. Resource use is controlled through local authorities providing for permitted activities (where activities have acceptable effects on the environment), and by considering resource consent applications in accordance with the objectives, policies and rules in policy statements and plans.
Applying for resource consent
In the Planning Guidance Unit we deal with land use and subdivision consent applications. The other three types of applications (coastal, water, and discharge permits) are dealt with by the Waikato Regional Council.
You will need to apply to us for a land use of subdivision consent if:
the whole or part of a proposed activity or structure does not fully comply with all the relevant rules in the district plan
if you want to divide land or buildings for separate ownership, such as new lots or sections, unit title, flats plan (cross lease), or company lease.
When a land use or subdivision consent is required, approval from the Planning Guidance Unit must be obtained before the activity or development begins.
However, if you are considering obtaining or providing rights of way over land, then a different type of approval is necessary, as this is not a subdivision. Rather, it is a legal right granted to a person or body of people to use land to pass and re-pass.
Below are links to guides, applications and checklists to assist you in your planning.
Monitoring and enforcement information
Council is made responsible by the Resource Management Act (RMA) for the monitoring of:
- Resource consents
- Effectiveness of plans such as district plans and policy statements
- Overall state of the environment.
Enforcement action needs to be undertaken:
- To ensure compliance with the RMA, and regulations or requirements, rules in the Transitional or Proposed District Plan, or resource consents and associated conditions, or
- To remedy and/or penalise when the RMA is contravened or environmental damage is caused (this could include compensation).
Council may initiate enforcement proceedings under the RMA. Before this happens, however, we aim to educate and encourage voluntarily compliance to resolve any situation. Where this is inappropriate or unsuccessful, the council will seek formal methods to remedy the situation. |