Plain language law

New Zealand law explained for everyone

Building Act 2004

Building - Building work—Project information memoranda and building consents - Project information memoranda

37: Territorial authority must issue certificate if resource consent required

You could also call this:

“The council must give you a special note if you need permission before you can start building.”

When you want to build something, you might need permission from the local council. This is called a resource consent. Sometimes, you need this consent before you can start building.

If the council thinks you need a resource consent for your building work, they will give you a special certificate. This certificate will tell you that you can’t start building until you get the resource consent. Or, it might say you can only do some of the building work until you get the consent.

The council will attach this certificate to your project information memorandum. This is a document that gives you important information about your building project. If you haven’t asked for a project information memorandum, the council will give the certificate to the building consent authority instead.

The resource consent is important because it can affect your building work. The council wants to make sure you have all the right permissions before you start building.

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 It might be out of date or be missing some parts.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=DLM306372.

Topics:
Housing and property > Home safety and repairs
Government and voting > Local councils
Environment and resources > Town planning
Previous

36: Territorial authority may issue development contribution notice, or

“The city council can tell you that you might need to pay money to help build things in your area before they approve your building project.”

Next

38: Territorial authority must give copy of project information memorandum in certain circumstances, or

“The city council must share information they receive with the people who originally gave it to them.”

Part 2 Building
Building work—Project information memoranda and building consents: Project information memoranda

37Territorial authority must issue certificate if resource consent required

  1. This section applies if a territorial authority considers that—

  2. a resource consent under the Resource Management Act 1991 has not yet been obtained; and
    1. the resource consent will or may materially affect building work to which a project information memorandum or an application for a building consent relates.

      1. The territorial authority must issue a certificate, in the prescribed form, to the effect that until the resource consent has been obtained—

      2. no building work may proceed; or
        1. building work may only proceed to the extent stated in the certificate.

          1. The certificate must be—

          2. attached to the project information memorandum; or
            1. if no project information memorandum has been applied for, provided to the building consent authority.

              Compare
                Notes
                • Section 37 heading: replaced, on , by section 13(1) of the Building Amendment Act 2009 (2009 No 25).
                • Section 37(1)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                • Section 37(1)(b): amended, on , by section 13(2) of the Building Amendment Act 2009 (2009 No 25).
                • Section 37(2): amended, on , by section 13(3) of the Building Amendment Act 2009 (2009 No 25).
                • Section 37(3): inserted, on , by section 13(4) of the Building Amendment Act 2009 (2009 No 25).