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Planning Bill

Planning consents - Consideration of application and decision

145: Applicant’s compliance history

You could also call this:

"What's your track record of following the rules when applying for planning consent?"

When you apply for a planning consent, the consent authority can look at your past. They can check if you have had any abatement notices, enforcement orders, infringement notices, or convictions under this Act. They can look at these from the past 7 years if you are a person, or from any time if you are a company. The consent authority can also check the past of the people who manage or direct you, if you are a company. They can look at the past 7 years of any abatement notices, enforcement orders, infringement notices, or convictions these people have had. They can do this if these people were managing or directing another company that had these issues. The consent authority can decline your application if you have a record of not following the rules of this Act. This can happen if you have broken the rules many times or if you are still breaking them. They can also decline your application if you have had an enforcement order or conviction under this Act, either recently or in the past 7 years if you are a person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1465088.

This page was last updated on 12 December 2025 — View changes

Topics:

Environment and resources > Town planningBusiness > Industry rules

144: Matters relevant to application for consent that authorises change to spatial application of plan provisions, or

"Changing how planning rules apply to an area"

146: Consent may be refused or granted with conditions if risk from natural hazards, etc, or

"Consent can be refused or have conditions if there's a risk from natural disasters"

Part 4Planning consents
Consideration of application and decision

145Applicant’s compliance history

The consent authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, or convictions under this Act—
received by the applicant, if the applicant is not a natural person:
received by the applicant within the previous 7 years, if the applicant is a natural person:
received, within the previous 7 years, by a director or person concerned with the management of the applicant, if the applicant is not a natural person.

In addition, the consent authority may have regard to any previous or current abatement notices, enforcement orders, infringement notices, or convictions under this Act received within the previous 7 years by a person that—
is not a natural person; and
is not the applicant; but
at the time that person received the abatement notice, enforcement order, infringement notice or conviction, was directed or managed by a person who is a director or person concerned with the management of the applicant.

The consent authority may decline an application for a planning consent if the applicant has a record of significant non-compliance with a requirement of this Act—
that is ongoing or repeated; and
that, if the applicant is not a natural person, has been or is the subject of an enforcement order or a conviction under this Act or, if the applicant is a natural person, has been or is the subject of an enforcement order or a conviction under this Act within the previous 7 years.