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Planning Bill

Planning consents - Miscellaneous - Processes relating to activities that do not require planning consent

179: Existing use certificates

You could also call this:

"Get a certificate to prove how you use your land is allowed"

Illustration for Planning Bill

You can ask the consent authority to give you a certificate that describes how you use your land. The certificate will say if your use of the land is allowed under section 20 on the date the authority issues the certificate. It will also describe the character, intensity, and scale of the use. You can also ask for a certificate that describes an activity that section 23 applies to. The certificate will state if the activity is allowed under section 23 on the date the authority issues the certificate. It will also specify the character, intensity, and scale of the activity, and the period for which it is allowed. The consent authority may ask you for more information to decide if they must issue the certificate. They must issue the certificate if they are satisfied that your use of the land or activity is allowed, and you pay the right fee. If the authority finds out that the information you provided was wrong, they may revoke the certificate. An existing use certificate is like a planning consent, but only some parts of the law apply to it. You can appeal to the Planning Tribunal if you disagree with the authority's decision about an existing use certificate under clause 14 of Schedule 10.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1505460.

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Topics:
Environment and resources > Town planningHousing and property > Land use
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"Get a certificate to prove your project is allowed without planning consent"

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Part 4Planning consents
Miscellaneous: Processes relating to activities that do not require planning consent

179Existing use certificates

  1. A person may request the consent authority to issue a certificate that—

  2. describes a use of land in a particular location; and
    1. states that the use of the land was a use of land allowed by section 20 on the date on which the authority issues the certificate; and
      1. specifies the character, intensity, and scale of the use on the date on which the authority issues the certificate.

        1. A person may request the consent authority to issue a certificate that—

        2. describes an activity to which section 23 applies; and
          1. states that the activity was an activity allowed by section 23 on the date on which the authority issues the certificate; and
            1. specifies the character, intensity, and scale of the activity on the date on which the authority issues the certificate; and
              1. describes the period for which the activity is allowed under section 23.

                1. The consent authority may require the person to provide any further information that the authority considers it needs to determine whether it must issue the certificate.

                2. The consent authority must issue a certificate under subsection (1) if it—

                3. is satisfied that the use of the land is a use of land allowed by section 20 on the date on which the authority issues the certificate; and
                  1. receives payment of the appropriate administrative charge.

                    1. The consent authority must issue a certificate under subsection (2) if it—

                    2. is satisfied that the activity is an activity allowed by section 23 on the date on which the authority issues the certificate; and
                      1. receives payment of the appropriate administrative charge.

                        1. Subsection (7) applies if a consent authority that issued a certificate becomes aware that the information that a person provided in order to obtain the certificate contained inaccuracies.

                        2. The authority must revoke the certificate, if it is satisfied that the inaccuracies were material in satisfying the authority that it must issue the certificate.

                        3. An existing use certificate is treated as an appropriate planning consent, and it is subject to this Act as if it were a planning consent, except that the only provisions of this Part that apply to it are sections 154 to 157.

                        4. A person may apply to the Planning Tribunal under clause 14 of Schedule 10 for a review of the consent authority’s issue or revocation of an existing use certificate.