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Ensuring Compliance with Resource Management Laws

By Anna Bensemann, Senior Planner, Baseline Group, Ph 0800254123 E: info@ blg.nz | Aug 23, 2024

As a Resource Management Planner, it's more common than people realise to encounter properties with unauthorised construction. These can include where buildings have been constructed or modified, vegetation cleared, or a building platform cut into the side of a hill. The introduction of the 30-square-meter structure exemption under the building code has contributed to this issue, with many people unaware of the conditions that accompany this legislation. Additionally, many are unaware the provisions of the Resource Management Act (RMA) still apply.

Navigating retrospective resource consents:

When a situation arises where an activity has occurred, or a structure has been built without the necessary resource consents, the most straightforward solution is to seek a retrospective resource consent. This involves applying for a full resource consent application to the district or regional council, as necessary. The application must include a description of the works undertaken and the scale of effects on the environment arising from those works. It might be necessary to include further works to remedy adverse effects caused by the initial works.

An example of this might be when a building or structure is constructed close to a boundary, potentially impacting a neighbour’s privacy. A mitigation measure might be to construct a fence or implement some screening landscaping to improve privacy.

In the case of earthworks, a mitigation example might be contouring the resulting landform to ensure water runoff is directed to the correct location. It might also involve compacting any loose material and replanting exposed soils with grass to prevent sediment mobilization.

What happens when you aren’t compliant with resource management laws?

There are a couple of key things to consider when undertaking due diligence on a property, whether you are the purchaser or vendor. A Land Information Memorandum (LIM) report will outline all the building consents and resource consents relating to the property but may not indicate if the site has been subject to an abatement notice under the RMA for illegal works. An abatement notice is usually issued if non-compliance with the planning framework is identified, typically after the council has attempted to resolve the issue directly with the landowner. A more thorough review of the full property file is likely to provide a greater understanding of whether illegal works have been undertaken.

The question often arises about the consequences of leaving illegal works unconsented. If the activity is under an abatement notice, fines or imprisonment can be the penalties. However, if the works have not been identified by the council, the impacts of non-compliance can be felt when insuring property or buildings, and indeed when making an insurance claim in an unfortunate event. Further impacts occur when a valuation is sought for a property, as unconsented activities can negatively affect its value.

Seeking a retrospective consent can seem daunting, but with the right advice and guidance, these can usually be achieved where a landowner is prepared to offer appropriate mitigation.

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