Resource Management Act 1991

Resource consents

87A: Classes of activities

You could also call this:

"What kind of permission you need to do something that affects the environment"

When you want to do something that affects the environment, you need to check if you need a resource consent. If the activity is permitted, you do not need a resource consent as long as you follow the rules. You must comply with the requirements, conditions, and permissions specified in the Act, regulations, plan, or proposed plan.

If the activity is controlled, you need a resource consent and the consent authority will grant it unless section 106 or section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies. The consent authority can impose conditions on the resource consent, but only on certain matters. You must comply with the requirements, conditions, and permissions specified in the Act, regulations, plan, or proposed plan.

If the activity is restricted discretionary, you need a resource consent and the consent authority can decline it or grant it with conditions, but only on certain matters. If the consent is granted, you must comply with the requirements, conditions, and permissions specified in the Act, regulations, plan, or proposed plan.

If the activity is discretionary, you need a resource consent and the consent authority can decline it or grant it with or without conditions. If the consent is granted, you must comply with the requirements, conditions, and permissions specified in the Act, regulations, plan, or proposed plan.

If the activity is non-complying, you need a resource consent and the consent authority can decline it or grant it with or without conditions, but only if certain requirements are met. You must comply with the requirements, conditions, and permissions specified in the Act, regulations, plan, or proposed plan.

If the activity is prohibited, you cannot apply for a resource consent and the consent authority cannot grant one. However, this does not apply to a concurrent application lodged under subpart 4 of Part 7A.

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This page was last updated on 19 May 2025

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

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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."

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

If an activity is described in this Act, regulations (including any national environmental standard), 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.
If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a controlled activity, a resource consent is required for the activity and—
the consent authority must grant a resource consent except if—
1. section 106 applies; or
2. section 55(2) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies; and
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
the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a restricted discretionary activity, a resource consent is required for the activity and—
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
if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

If an activity is described in this Act, regulations (including any national environmental standard), a plan, or a proposed plan as a discretionary activity, a resource consent is required for the activity and—
the consent authority may decline the consent or grant the consent with or without conditions; and
if granted, the activity must comply with the requirements, conditions, and permissions, if any, specified in the Act, regulations, plan, or proposed plan.

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—
decline the consent; or
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.

If an activity is described in this Act, regulations (including a national environmental standard), or a plan as a prohibited activity,—
no application for a resource consent may be made for the activity; and
the consent authority must not grant a consent for it.

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

Notes

Section 87A: inserted, on 1 October 2009, by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 87A(2)(a): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
Section 87A(6): amended, on 1 October 2011, by section 19(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
Section 87A(7): inserted, on 1 October 2011, by section 19(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).