In the Selwyn District, many properties are crossed by streams or rivers, whether natural or man-made. For landowners, having a waterbody on your property is both a privilege and a responsibility. It’s essential to be aware of the rules that govern how you can interact with these water features, especially when planning development or making changes. Misunderstanding or overlooking these regulations can result in costly fines or even legal action, so understanding the classification of your waterbody is the first crucial step to avoid these issues and ensure you are compliant.
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Anyone who has considered subdividing or developing a site in a New Zealand town or city will likely have encountered frustration and delays with Council and the process in general. Often, these frustrations are directed at planning provisions under the Resource Management Act (RMA) or how they are enacted or interpreted by Local in the form of District Plans. Government reviews and reforms have consistently blamed planning (rules and regulations) for red tape hindering development and growth.
If you're planning to develop in the area, it's essential to understand the new changes to the Engineering Acceptance process. The new changes require all urban multi-units, and minor residential units apply for prior engineering acceptance before applying for resource consent.
The Government caused much ado in July 2024 when it announced it was seeking public submissions on potential changes to Resource Management Act and Building Act legislation. These changes aim to enable the construction of granny flats without requiring resource or building consents. While a large number of submissions were received, any actual changes to the legislation enabling granny flat developments are not expected to take effect until sometime in 2025.
Within New Zealand, each District Council uses zoning and density rules to guide where and how housing development occurs, playing a crucial role in shaping our neighbourhoods. Selwyn district continues to experience significant growth and understanding these development rules can help landowners make informed choices about developing their properties.
The Government is in the process of reforming the RMA, with a key focus on getting back to basics, in an effort to reduce the number of resource consents required and the costs of dispute resolution. In a recent cabinet paper, Minister Chris Bishop outlined a plan to reform the Resource Management Act, citing the current legislation as no longer ‘fit for purpose’.
In 2024, New Zealand's government rolled out substantial reforms under the Building Act and the Resource Management Act to simplify and accelerate the construction and consent processes for Granny Flats. These reforms were designed to address the existing housing shortage by enabling the development of minor dwellings with fewer hurdles, all while ensuring safety and compliance standards were maintained. Let’s break down the key changes and what they mean for homeowners:
Resource consents are an application seeking permission to do something which does not perfectly fit the permitted activity standards for the area in which it is located. This may be a commercial activity in an urban zone, or it may be the subdivision of land to create smaller than anticipated allotments. As part of processing resource consents, council planners are required to consider who might be an affected party. Based on the scale of the effects, and the nature of adjoining land (i.e. residential vs industrial land), then immediately adjoining neighbours are often considered as affected.
Cross lease titles are a common form of property ownership in New Zealand. Introduced as a common form of ownership during the 1980’s, cross lease titles are commonly implemented so multiple people own a share of the underlying land. Each leaseholder has the exclusive right to occupy their individual dwellings, typically a house or unit. Cross lease titles both share in the freehold ownership of the land and a long-term lease for the house, which is typically 999 years. While cross leases provide for a more affordable property option, they also come with some difficult baggage that reduces the individual rights of the dwelling owners. Here are some key considerations and other options to work around them.
Can I subdivide my land? This is a common question asked of planners, closely followed by; how much will it cost? The answers to these questions are often complex and specific to each property. However, there are some fundamental basics which help to work out if it’s feasible to subdivide a property, or not.