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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:

“Officials can give you a special paper saying you don't need permission for your activity”

You can ask for a certificate of compliance if you want to do an activity that doesn’t need a resource consent. This certificate proves that you can do the activity legally without a resource consent.

To get a certificate, you need to ask the consent authority. They might ask you for more information if they need it. If your activity can be done legally without a resource consent and you pay the right fee, they must give you the certificate.

The authority has 20 working days to give you the certificate after they get your request or any extra information they asked for. The certificate will describe your activity and where you want to do it. It will also say that you can do the activity legally without a resource consent.

There are some times when the authority can’t give you a certificate. This includes when there’s a new plan that hasn’t been approved yet that would require a resource consent for your activity. They also can’t give you one if there’s already a notice in force for your activity under section 87BA(1)(c) or 87BB(1)(d).

If you don’t agree with their decision about your certificate, you can appeal using Sections 357A, 357AB, and 357C to 358.

Your certificate works like a resource consent. It includes any conditions from national environmental standards and plans that apply to your activity. It’s treated like a resource consent in most ways, but only some parts of the law apply to it.

If your activity is part of a big national project, you might need to ask the Environmental Protection Authority for a certificate instead. They have slightly different rules for giving certificates.

In this law, ‘activity’ can also mean a specific proposal.

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

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Environment and resources > Town planning
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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).