Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents

87A: Classes of activities

You could also call this:

“This law explains different types of activities and what you need to do for each one.”

You need to know about different types of activities and how they are treated under the law. There are six classes of activities:

Permitted activities don’t need a resource consent if they follow the rules set out in the law or plans.

Controlled activities need a resource consent. The authority must give consent unless special rules apply. They can only set conditions on specific things they control.

Restricted discretionary activities need a resource consent. The authority can only make decisions about certain things they’re allowed to consider.

Discretionary activities need a resource consent. The authority can say yes or no, and can set any conditions they want.

Non-complying activities need a resource consent. The authority can say no, or say yes with conditions if the activity meets certain requirements.

Prohibited activities can’t apply for a resource consent, and the authority can’t give consent for them. But this doesn’t apply to some special applications under subpart 4 of Part 7A.

For all activities that get consent, you must follow any rules set out in the law, regulations, or plans.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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 > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Previous

87: Types of resource consents, or

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

Next

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

“Rules for how some activities are treated when asking for permission to use resources”

Part 6 Resource consents

87AClasses of activities

  1. 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.

  2. 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—

  3. the consent authority must grant a resource consent except if—
    1. section 106 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 (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—

          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 (including any national environmental standard), 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.

                          Notes
                          • Section 87A: inserted, on , by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 87A(2)(a): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
                          • 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).