What is a resource consent?
A resource consent allows a person or organisation to carry out an activity that will use natural or physical resources or have an effect on the environment. Council issues resource consents for land use and subdivision.
The District Plans set out rules and related information that will help you decide whether you need a resource consent.
The Resource Management Act 1991 provides the legal framework for resource management decision-making. The Act governs the management of land, subdivision, water, soil resources, the coast, air, and pollution control (including noise control). The purpose of the Act is to promote the sustainable management of natural and physical resources.
Local authorities have direct responsibility for the day-to-day management of resources by ensuring resource users avoid, remedy, or mitigate the environmental impact on natural and physical resources. Resource use is controlled through local authorities providing for permitted activities (where activities have acceptable effects on the environment), and by considering resource consent applications in accordance with the objectives, policies and rules in Policy Statements and Plans.
Hamilton City Council Resource Consent Process
Hamilton City Council processes Land Use and Subdivision resource consent applications.
The other three types of applications; coastal, water, and discharge permits are processed by the Waikato Regional Council.
You will need to apply to Hamilton City Council for a land use or subdivision resource consent if:
- your proposed activity or structure does not fully comply with all the relevant rules in the District Plan.
- you want to divide land or buildings for separate ownership, such as new lots or sections, unit title, flats plan (cross lease), or company lease.
An application will follow one of three procedures:
- limited notified
- publicly notified
When a land use or subdivision resource consent is required, approval of the application must be obtained before the activity or development begins.
Non-notified resource consent applications do not require a hearing.
For limited or publicly notified resource consent applications, there will be a hearing where you can present your case. The hearing is usually open to the public. You will be given 10 working days' notice of the time and venue of the hearing.
You will receive a written decision within 15 days of the hearing. You have the right to appeal to the Environment Court if you are unhappy with the decision.
View all Publicly notified resource consents
Monitoring & Enforcement
Council has responsibilities under the Resource Management Act (RMA) for monitoring:
- resource consents
- effectiveness of plans such as District Plans and Policy Statements
- overall state of the environment.
Enforcement action needs to be undertaken:
- To ensure compliance with the RMA, and regulations or requirements, District Plan rules and resource consents, or;
- To remedy and/or address matters when the RMA is contravened or environmental damage is caused.
Hamilton City Council aims to educate and encourage voluntary compliance. Where this is inappropriate or unsuccessful, Hamilton City will pursue formal methods to remedy the situation which may include initiating enforcement proceedings under the RMA.
Talk with one of our Duty Planners, Monday - Friday 8am - 4.45pm.