You have resource consent! Now what?
Can I change my consent?
Amendments and changes to existing resource consents may be made but the approval process varies depending on the nature and scope of the change.
Minor corrections of resource consents (s.133A)
Under section 133A of the Resource Management Act (RMA), a consent authority that grants resource consent may, within 20 working days of the grant, issue an amended consent that corrects minor mistakes or defects in the consent. When you receive your consent, please read it carefully. Let the council know within 15 working days if a 133A amendment is required. The council will assess whether the changes are "within the scope" of the approved consent under s133A.
Change or cancellation of conditions (s.127 or s.221)
The holder of a resource consent may apply to a consent authority for a change or cancellation of a condition of the consent under section 127 of the RMA. These applications have a discretionary status and the council must consider whether there are any persons who would be adversely affected by the change or cancellation. If the proposed change significantly alters the character, intensity and scale of the proposal, or results in new rule breaches, then a new resource consent application will be required.
To change or cancel a consent notice condition registered on the Record of Title requires an application under s.221 of the RMA. Please contact the Duty Planner by email at duty.planner@fndc.govt.nz if you require further information.
Monitoring and Compliance
You resource consent may be granted subject to conditions. The council is legally obliged to undertake monitoring, including site inspections, to ensure you comply with the conditions of your resource consent. It is important that you understand the consent conditions. If the proposal proceeds you must comply on an ongoing basis with all conditions of your consent. You will also be responsible for the cost of monitoring consent conditions (including up to two site inspections). The council can take enforcement action if you do not comply.
Breaches of the District Plan
Activities in our district are governed by the rules in the Operative District Plan, as well as rules in the Proposed District Plan with immediate legal effect. Section 9 of the Resource Management Act 1991 states that no person may use land in a manner that contravenes a district rule unless the use is expressly allowed by a resource consent.
Should you suspect that an activity is occurring that breaches a rule in the District Plan, please tell us using our online form.
- Your proposal may require consent from Northland Regional Council (NRC). Please contact NRC for further information.
- Please check whether you comply with Far North District bylaws.
- Please check if your proposal requires a health or liquor license, a building consent, vehicle crossing approval or connection to wastewater/stormwater.
From Heritage New Zealand Pouhere Taonga, prior to the commencement of any works, a copy of this ADP should be made available to all contractors working on site.
Updates to the Engineering Plan Approval process for resource consents and designs required by consent notices take effect from 1 July 2023.
The key changes are:
- Completing a new application form is required to provide key information about the proposed works.
- A new entry in our Fees and Charges schedule requires a deposit to be paid on lodgement and payment of actual costs on completion of the approval.
- Streamlined communications for plans which require input from other council teams.
If your application includes a condition of consent that requires council approval of engineering plans, you will need an engineering consultant with the relevant competency (if specified in the condition) to prepare your plans. These conditions may relate to the design of roads, water services, accesses or earthworks controls (for example).
All applications for Engineering Plan Approvals will need to be made using the new application form. This form includes debtor information (for the collection of fees), as well as information about the documents that require plans, and which council teams may be involved.
Once your application and documents have been received, they will be lodged, and your plans will be reviewed. A resource consents engineer, working with the relevant council teams, will confirm whether the plans provided are suitable for construction. Please be aware a request for further information or changes to the plans could be part of this process. When the plans are confirmed as suitable, they will be stamped and issued. You can then commence construction.