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:

"Council must give you a certificate if you need resource consent for your building work"

If a territorial authority thinks you need a resource consent under the Resource Management Act 1991, they must issue a certificate. This certificate says what you can and can't do with your building work until you get the resource consent. The certificate must be attached to your project information memorandum or given to the building consent authority. If the territorial authority issues a certificate, you might not be able to start your building work. The certificate will say if you can start building and what you can do. You will need to follow what the certificate says. The territorial authority must give you the certificate in a special form. They will decide what to put in the certificate. This rule does not apply to some small stand-alone dwellings. You need to get a resource consent if it will affect your building work. The territorial authority will help you with this. They will issue the certificate to help you follow the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306372.

This page was last updated on 5 February 2026 — View changes

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36: Territorial authority may issue development contribution notice, or

"Council can ask you to pay a development contribution for your building project"

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

37Territorial authority must issue certificate if resource consent required

This section applies if a territorial authority considers that—
a resource consent under the Resource Management Act 1991 has not yet been obtained; and
the resource consent will or may materially affect building work to which a project information memorandum or an application for a building consent relates.

The territorial authority must issue a certificate, in the prescribed form, to the effect that until the resource consent has been obtained—
no building work may proceed; or
building work may only proceed to the extent stated in the certificate.

The certificate must be—
attached to the project information memorandum; or
if no project information memorandum has been applied for, provided to the building consent authority.

This section does not apply in respect of building work in connection with a non-consented small stand-alone dwelling.

Notes

Section 37 heading: replaced, on 1 February 2010, by section 13(1) of the Building Amendment Act 2009 (2009 No 25).
Section 37(1)(a): amended, on 23 December 2023, 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 1 February 2010, by section 13(2) of the Building Amendment Act 2009 (2009 No 25).
Section 37(2): amended, on 1 February 2010, by section 13(3) of the Building Amendment Act 2009 (2009 No 25).
Section 37(3): inserted, on 1 February 2010, by section 13(4) of the Building Amendment Act 2009 (2009 No 25).
Section 37(4): inserted, on 15 January 2026, by section 13 of the Building and Construction (Small Stand-alone Dwellings) Amendment Act 2025 (2025 No 59).