Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents

87AAB: Meaning of boundary activity and related terms

You could also call this:

“This explains what counts as a boundary activity and defines related words used in rules about building near property edges.”

You need a resource consent for a boundary activity if it only breaks boundary rules and no other district rules. A boundary activity can’t involve a public boundary.

A boundary rule is about how close a structure can be to the edge of a property or how big it can be compared to how close it is to the edge.

An infringed boundary is one where a boundary rule is broken. This can happen in a few ways:

  1. When the rule is broken for a specific boundary
  2. When the rule is broken at a corner of the property, which affects all sides that meet at that corner
  3. When the rule is broken for a boundary that’s part of a private road, which affects the opposite side of that road

A public boundary is the edge of a property that’s next to a road, river, lake, coast, or land owned by the local council or the government.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7471355.

Topics:
Environment and resources > Town planning
Housing and property > Land use
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87AA: This Part subject to Part 6A, or

“This part of the law must follow the rules set out in another part of the law called Part 6A.”

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“A fast-track application is a special way to ask for permission to do certain activities quickly, but it can stop being fast-track in some situations.”

Part 6 Resource consents

87AABMeaning of boundary activity and related terms

  1. An activity is a boundary activity if—

  2. the activity requires a resource consent because of the application of 1 or more boundary rules, but no other district rules, to the activity; and
    1. no infringed boundary is a public boundary.

      1. In this section,—

        boundary rule means a district rule, or part of a district rule, to the extent that it relates to—

        1. the distance between a structure and 1 or more boundaries of an allotment; or
          1. the dimensions of a structure in relation to its distance from 1 or more boundaries of an allotment

            infringed boundary, in relation to a boundary activity,—

            1. means a boundary to which an infringed boundary rule applies:
              1. if there is an infringement to a boundary rule when measured from the corner point of an allotment (regardless of where the infringement is to be measured from under the district plan), means every allotment boundary that intersects with the point of that corner:
                1. if there is an infringement to a boundary rule that relates to a boundary that forms part of a private way, means the allotment boundary that is on the opposite side of the private way (regardless of where the infringement is to be measured from under the district plan)

                  public boundary means a boundary between an allotment and any road, river, lake, coast, esplanade reserve, esplanade strip, other reserve, or land owned by the local authority or by the Crown.

                  Notes
                  • Section 87AAB: inserted, on , by section 134 of the Resource Legislation Amendment Act 2017 (2017 No 15).