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ARTICLE · 14 FEBRUARY 2018

Resource Management Act changes allow for insignificant breaches of a district plan.

Issuing of a notice under the new RMA provisions requires similar time and effort to a resource consent application. .

New ZealandEnvironment

A common cause of frustration for land owners is when the effects of their activities that are insignificant require resource consent because they breach a rule in a plan to a minor degree.

The changes to the Resource Management Act (RMA) on 18 October 2017 include an attempt to recognise this and give consenting authorities some discretion where an activity will only marginally or temporarily breach a rule in a plan.

In order to benefit from this change and be deemed a permitted activity, a proposed activity must:

  1. But for the marginal or temporary non-compliance, be a permitted activity;
  2. Have no adverse environmental effects that would be greater than would have been present in the absence of the activity;

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