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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 special permission for your building work"

If a territorial authority thinks you need a resource consent under the Resource Management Act 1991 for your building work, they must issue a certificate. This certificate will say if you can start building work before you get the resource consent. The territorial authority will decide if you can start building or if you have to wait.

The certificate must be attached to your project information memorandum or given to the building consent authority if you do not have a project information memorandum. You cannot start building work until you get the resource consent, unless the certificate says you can. The certificate will say what building work you can do before you get the resource consent.

If the territorial authority issues a certificate, it will be in a special form and will say what you can and cannot do. You have to follow what the certificate says. The territorial authority is in charge of deciding what goes into the certificate.

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This page was last updated on

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 repairsEnvironment and resources > Town planning
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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."

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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

  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.

              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).