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Resource Management Act 1991

Resource consents

87A: Classes of activities

You could also call this:

"What kinds of activities need resource consent?"

Illustration for Resource Management Act 1991

When you do something that affects the environment, you need to know if you need a resource consent. The law says some activities are permitted, which means you do not need a consent if you follow the rules. You must check the Act, regulations, or a plan to see what you can and cannot do. If an activity is controlled, you need a resource consent and the consent authority will grant it unless section 106 or 106A applies. The authority can also impose conditions on the consent, but only for certain matters. You must comply with the requirements and conditions in the Act, regulations, plan, or proposed plan. There are other types of activities, like restricted discretionary, discretionary, and non-complying activities, which also need a resource consent. For non-complying activities, the consent authority may decline the consent or grant it with conditions if certain requirements are met. You must always comply with the rules and conditions for your activity. Some activities are prohibited, which means you cannot apply for a consent and the authority cannot grant one. However, there is an exception for concurrent applications lodged under subpart 4 of Part 7A. The law also explains what "regulations" means, which includes national environmental standards and other rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2414711.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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87: Types of resource consents, or

"This part explains the different kinds of permissions you need to do certain things with land and water."

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87B: Certain activities to be treated as discretionary activities or prohibited activities, or

"Some activities are automatically allowed, banned, or need special permission under the law."

Part 6Resource consents

87AClasses of activities

  1. If an activity is described in this Act, regulations, a plan, or a proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

  2. If an activity is described in this Act, regulations, a plan, or a proposed plan as a controlled activity, a resource consent is required for the activity and—

  3. the consent authority must grant a resource consent except if—
    1. section 106 or 106A applies; or
      1. section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies; and
      2. the consent authority's power to impose conditions on the resource consent is restricted to the matters over which control is reserved (whether in its plan or proposed plan, a national environmental standard, or otherwise); and
        1. the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

          1. If an activity is described in this Act, regulations, a plan, or a proposed plan as a restricted discretionary activity, a resource consent is required for the activity and—

          2. the consent authority's power to decline a consent, or to grant a consent and to impose conditions on the consent, is restricted to the matters over which discretion is restricted (whether in its plan or proposed plan, a national environmental standard, or otherwise); and
            1. if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

              1. If an activity is described in this Act, regulations, a plan, or a proposed plan as a discretionary activity, a resource consent is required for the activity and—

              2. the consent authority may decline the consent or grant the consent with or without conditions; and
                1. if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

                  1. If an activity is described in this Act, regulations (including a national environmental standard), a plan, or a proposed plan as a non-complying activity, a resource consent is required for the activity and the consent authority may—

                  2. decline the consent; or
                    1. grant the consent, with or without conditions, but only if the consent authority is satisfied that the requirements of section 104D are met and the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

                      1. If an activity is described in this Act, regulations (including a national environmental standard), or a plan as a prohibited activity,—

                      2. no application for a resource consent may be made for the activity; and
                        1. the consent authority must not grant a consent for it.

                          1. However, subsection (6) does not apply to a concurrent application lodged under subpart 4 of Part 7A.

                          2. In this section, regulations includes—

                          3. any national environmental standard; and
                            1. any stormwater environmental performance standard; and
                              1. any wastewater environmental performance standard; and
                                1. any infrastructure design solution.

                                  Notes
                                  • Section 87A: inserted, on , by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                                  • Section 87A(1): amended, on , by section 77(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                  • Section 87A(2): amended, on , by section 77(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                  • Section 87A(2)(a): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                                  • Section 87A(2)(a)(i): amended, on , by section 31 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                                  • Section 87A(3): amended, on , by section 77(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                  • Section 87A(4): amended, on , by section 77(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                                  • Section 87A(6): amended, on , by section 19(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                  • Section 87A(7): inserted, on , by section 19(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                  • Section 87A(8): inserted, on , by section 77(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).