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Resource Management Act 1991

Resource consents - Certificates of compliance or existing use

139A: Consent authorities to issue existing use certificates

You could also call this:

“The council can give you a paper that says what you're allowed to do with your land.”

You can ask a consent authority to give you a certificate about how land is used or about certain activities. This certificate describes what you’re doing and says it’s allowed by the law.

For land use, the certificate will say what the land is used for, where it is, and that it’s allowed by section 10. It will also describe how the land is being used.

For activities, the certificate will describe the activity and say it’s allowed by section 10A or section 20A. It will explain how the activity is done and for how long it’s allowed.

The authority might ask you for more information to help them decide if they should give you the certificate. If they agree that what you’re doing is allowed by the law, and you pay the fee, they must give you the certificate.

The authority has 20 working days to give you the certificate after they have everything they need, including your payment.

If the authority finds out that you gave them wrong information to get the certificate, they can take it away if the wrong information was important in their decision to give it to you.

This certificate is treated like a resource consent, which means most of the rules about resource consents apply to it too. You can appeal if the authority won’t give you a certificate or if they take it away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235284.

Topics:
Housing and property > Land use
Environment and resources > Town planning
Government and voting > Local councils
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Part 6 Resource consents
Certificates of compliance or existing use

139AConsent authorities to issue existing use certificates

  1. A person may request the consent authority to issue a certificate that—

  2. describes a use of land in a particular location; and
    1. states that the use of the land was a use of land allowed by section 10 on the date on which the authority issues the certificate; and
      1. specifies the character, intensity, and scale of the use on the date on which the authority issues the certificate.

        1. A person may request the consent authority to issue a certificate that—

        2. describes an activity to which section 10A or section 20A applies; and
          1. states that the activity was an activity allowed by section 10A or section 20A on the date on which the authority issues the certificate; and
            1. specifies the character, intensity, and scale of the activity on the date on which the authority issues the certificate; and
              1. describes the period for which the activity is allowed under section 10A or section 20A.

                1. The consent authority may require the person to provide any further information that the authority considers it needs to determine whether it must issue the certificate.

                2. The consent authority must issue a certificate under subsection (1) if it—

                3. is satisfied that the use of the land is a use of land allowed by section 10 on the date on which the authority issues the certificate; and
                  1. receives payment of the appropriate administrative charge.

                    1. The consent authority must issue a certificate under subsection (2) if it—

                    2. is satisfied that the activity is an activity allowed by section 10A or section 20A on the date on which the authority issues the certificate; and
                      1. receives payment of the appropriate administrative charge.

                        1. A consent authority that must issue a certificate must do so within 20 working days after the latest of the following dates:

                        2. the date on which the authority receives the request; and
                          1. the date on which the authority receives all the information required under subsection (3); and
                            1. the date on which the authority receives the payment of the appropriate administrative charge.

                              1. Subsection (8) applies if a consent authority that issued a certificate becomes aware that the information that a person provided in order to obtain the certificate contained inaccuracies.

                              2. The authority must revoke the certificate, if it is satisfied that the inaccuracies were material in satisfying the authority that it must issue the certificate.

                              3. An existing use certificate is treated as an appropriate resource consent. The provisions of this Act apply to the certificate, except for sections 87AA to 119, 120(1A) and (1B), and 123 to 150.

                              4. Sections 357A, 357AB, and 357C to 358 apply in relation to the issue or revocation of an existing use certificate.

                              Notes
                              • Section 139A: inserted, on , by section 78 of the Resource Management Amendment Act 2005 (2005 No 87).
                              • Section 139A(9): amended, on , by section 151(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                              • Section 139A(10): amended, on , by section 151(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).