Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Certificates of compliance or existing use

139: Consent authorities and Environmental Protection Authority to issue certificates of compliance

You could also call this:

“Getting a certificate to do something without a resource consent”

If you want to do something that does not need a resource consent, you can ask the consent authority to give you a certificate. This certificate says you can do the activity without a resource consent. You have to pay a fee for this.

The authority will give you the certificate if the activity is allowed and you pay the fee. They must give you the certificate within 20 working days.

The certificate will say what the activity is and where it can be done. It will also say that you can do the activity without a resource consent.

In some cases, the authority cannot give you a certificate, such as when a proposed plan would not allow the activity. You can also ask the Environmental Protection Authority for a certificate if the activity is a proposal of national significance.

A certificate is like a resource consent and has some of the same conditions. It is also subject to some of the same rules as a resource consent, such as those found in sections 10, 10A, and 20A(2).

If you get a certificate from the Environmental Protection Authority, they can charge you for their costs. You have to pay these costs, and if you do not, the authority can take you to court to get the money.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235278.

Topics:
Environment and resources > Town planning Housing and property > Land use
Previous

138A: Special provisions relating to coastal permits for dumping and incineration, or

"Rules for dumping or burning waste in the coastal area to protect the environment"

Next

139A: Consent authorities to issue existing use certificates, or

"Get a certificate to prove how you're using your land"

Part 6 Resource consents
Certificates of compliance or existing use

139Consent authorities and Environmental Protection Authority to issue certificates of compliance

  1. This section applies if an activity could be done lawfully in a particular location without a resource consent.

  2. A person may request the consent authority to issue a certificate of compliance.

  3. A certificate states that the activity can be done lawfully in a particular location without a resource consent.

  4. The authority may require the person to provide further information if the authority considers that the information is necessary for the purpose of applying subsection (5).

  5. The authority must issue the certificate if—

  6. the activity can be done lawfully in the particular location without a resource consent; and
    1. the person pays the appropriate administrative charge.

      1. The authority must issue the certificate within 20 working days of the later of the following:

      2. the date on which it received the request:
        1. the date on which it received the further information under subsection (4).

          1. The certificate issued to the person must—

          2. describe the activity and the location; and
            1. state that the activity can be done lawfully in the particular location without a resource consent as at the date on which the authority received the request.

              1. The authority must not issue a certificate if—

              2. the request for a certificate is made after a proposed plan is notified; and
                1. the activity could not be done lawfully in the particular location without a resource consent under the proposed plan.

                  1. The authority must not issue a certificate if a notice for the activity is in force under section 87BA(1)(c) or 87BB(1)(d).

                  2. Sections 357A, 357AB, and 357C to 358 apply to a request for a certificate.

                  3. A certificate is treated as if it were an appropriate resource consent that—

                  4. contains the conditions specified in an applicable national environmental standard; and
                    1. contains the conditions specified in an applicable plan.

                      1. A certificate treated as a resource consent is subject to sections 10, 10A, and 20A(2).

                      2. A certificate treated as a resource consent is subject to this Act as if it were a resource consent, except that the only sections in this Part that apply to it are sections 120(1) or (2), 121, 122, 125, 134, 135, 136, and 137.

                      3. If an activity relates to a matter that is or is part of a proposal of national significance for which a direction has been made under section 142(2) or 147(1)(a) or (b), a person may request a certificate from the Environmental Protection Authority and this section applies with the following modifications:

                      4. a reference to a consent authority is to be treated as a reference to the EPA; and
                        1. subsection (5)(b) does not apply; and
                          1. the EPA may recover its actual and reasonable costs of dealing with the request from the person making the request; and
                            1. if the EPA requires a person to pay costs recoverable under paragraph (c), the costs are a debt due to the Crown that is recoverable in any court of competent jurisdiction.

                              1. In this section, activity includes a particular proposal.

                              Notes
                              • Section 139: replaced, on , by section 99 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                              • Section 139(8A): inserted, on , by section 150(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 139(9): amended, on , by section 150(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 139(12): amended, on , by section 150(3) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 139(13)(c): amended, on , by section 79(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 139(13)(d): inserted, on , by section 79(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).