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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:

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

You can ask the consent authority to give you a certificate that says what you are using your land for. The certificate will say if your use of the land was allowed by section 10 on the day the authority issues the certificate. It will also describe what your land is being used for.

You can also ask for a certificate for an activity that section 10A or section 20A applies to. The certificate will say if the activity was allowed by section 10A or section 20A on the day the authority issues the certificate. It will describe what the activity is and how long it is allowed.

The consent authority might need more information from you to decide if they should give you the certificate. They have to give you the certificate if they are satisfied that your use of the land or your activity is allowed and you have paid the right fee.

If the authority gives you a certificate, they have to do it within 20 working days after they get your request and all the information they need. They also have to get the right fee from you.

If the authority finds out that the information you gave them was wrong, they might cancel your certificate. This will happen if the wrong information was important for them to decide to give you the certificate.

An existing use certificate is like a resource consent, and most of the rules in the Resource Management Act apply to it. However, some rules like sections 87AA to 119, 120(1A) and (1B), and 123 to 150 do not apply. Other rules like sections 357A, 357AB, and 357C to 358 do apply to existing use certificates.

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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
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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).