Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents

87BB: Activities meeting certain requirements are permitted activities

You could also call this:

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

You can do an activity without getting permission if it meets certain rules. Even if your activity doesn’t quite follow all the rules, it might still be allowed if:

  1. It’s only a small or short-term breach of the rules.
  2. It doesn’t cause any more environmental effects than if you followed all the rules.
  3. It doesn’t cause more than very minor problems for other people.
  4. The consent authority (like your local council) decides to tell you that your activity is allowed.

The consent authority can decide to allow your activity after you apply for permission, or they can decide on their own. If they allow it, they must give you a written notice. This notice will describe your activity, say where you can do it, and explain why they’re allowing it.

If you’ve already applied for permission and then get told your activity is allowed, you don’t need to keep going with your application. The consent authority will give it back to you.

Remember, if you get a notice saying your activity is allowed, you need to start doing it within 5 years. If you don’t, the notice will no longer be valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7471367.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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87BA: Boundary activities approved by neighbours on infringed boundaries are permitted activities, or

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

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87C: Sections 87D to 87I apply to resource consent applications, or

“These rules explain how you can ask the Environment Court to decide on your resource consent application instead of the usual authority.”

Part 6 Resource consents

87BBActivities meeting certain requirements are permitted activities

  1. An activity is a permitted activity if—

  2. the activity would be a permitted activity except for a marginal or temporary non-compliance with requirements, conditions, and permissions specified in this Act, regulations (including any national environmental standard), a plan, or a proposed plan; and
    1. any adverse environmental effects of the activity are no different in character, intensity, or scale than they would be in the absence of the marginal or temporary non-compliance referred to in paragraph (a); and
      1. any adverse effects of the activity on a person are less than minor; and
        1. the consent authority, in its discretion, decides to notify the person proposing to undertake the activity that the activity is a permitted activity.

          1. A consent authority may give a notice under subsection (1)(d)—

          2. after receiving an application for a resource consent for the activity; or
            1. on its own initiative.

              1. The notice must be in writing and must include—

              2. a description of the activity; and
                1. details of the site at which the activity is to occur; and
                  1. the consent authority’s reasons for considering that the activity meets the criteria in subsection (1)(a) to (c), and the information relied on by the consent authority in making that decision.

                    1. If a person has submitted an application for a resource consent for an 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.

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

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