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Resource Management Act 1991

Resource consents

87BA: Boundary activities approved by neighbours on infringed boundaries are permitted activities

You could also call this:

“When neighbours agree to activities that cross property lines, you don't need special permission from the council.”

You can do a boundary activity without needing a resource consent if your neighbours agree to it. Here’s how it works:

You need to give some information to the consent authority. This includes a description of what you want to do, a detailed plan of where you want to do it, and the names and addresses of everyone who owns the land involved.

Your neighbours whose boundaries are affected need to agree in writing and sign your plan.

If you provide all this information correctly, the consent authority will tell you in writing that your activity is permitted. They have 10 working days to do this after they get all the information they need.

If you don’t provide all the right information, the consent authority will let you know and give your information back to you.

If you’ve already applied for a resource consent for this activity, but it turns out to be permitted under these rules, your application won’t be processed further. It will be returned to you.

The permission you get from the consent authority lasts for 5 years. If you haven’t started the activity by then, the permission will expire.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7471366.

Topics:
Housing and property > Land use
Government and voting > Local councils
Environment and resources > Town planning
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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”

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87BB: Activities meeting certain requirements are permitted activities, or

“Some activities can be allowed if they only break the rules a little bit and don't cause any problems.”

Part 6 Resource consents

87BABoundary activities approved by neighbours on infringed boundaries are permitted activities

  1. A boundary activity is a permitted activity if—

  2. the person proposing to undertake the activity provides to the consent authority—
    1. a description of the activity; and
      1. a plan (drawn to scale) of the site at which the activity is to occur, showing the height, shape, and location on the site of the proposed activity; and
        1. the full name and address of each owner of the site; and
          1. the full name and address of each owner of an allotment with an infringed boundary; and
          2. each owner of an allotment with an infringed boundary—
            1. gives written approval for the activity; and
              1. signs the plan referred to in paragraph (a)(ii); and
              2. the consent authority notifies the person proposing to undertake the activity that the activity is a permitted activity.

                1. If a person proposing to undertake an activity provides information to a consent authority under this section, the consent authority must,—

                2. if subsection (1)(a) and (b) are satisfied, give a notice under subsection (1)(c); or
                  1. if subsection (1)(a) and (b) are not satisfied, notify the person of that fact and return the information to the person.

                    1. The consent authority must take the appropriate action under subsection (2) within 10 working days after the date on which it receives the information it needs to make a decision under subsection (2)(a) or (b).

                    2. A notice given under this section must be in writing.

                    3. If a person has submitted an application for a resource consent for a boundary activity that is a permitted activity under this section, the application need not be further processed, considered, or decided and must be returned to the applicant.

                    4. A notice given under subsection (1)(c) lapses 5 years after the date of the notice unless the activity permitted by the notice is given effect to.

                    Notes
                    • Section 87BA: inserted, on , by section 135 of the Resource Legislation Amendment Act 2017 (2017 No 15).