Resource management monitoring

Once your resource consent has been issued, we will monitor or check that what was approved and if the activity is being carried out in accordance with the conditions. Please contact PlanningConsents.Monitoring@npdc.govt.nz before you start works so we can help you with compliance of the consent.

Different types of resource consents typically call for different skills and technical knowledge, as well as a different monitoring strategy - for instance, a land use consent often requires long-term monitoring. This may involve ongoing sampling and/or the implementation of highly technical procedures to avoid, remedy or mitigate any adverse environmental effects.

Although we are responsible for ensuring that resource consents are monitored, we might not carry out the monitoring ourselves. The nature and scale of a particular development will determine who undertakes the monitoring and the extent of monitoring carried out.

In some cases, we might require the consent-holder to carry out their own monitoring by engaging a professional and responsible person, and provide the results to us, as a condition of the resource consent being granted.

For developments with major environmental effects a management plan may be required detailing:

• the management of the operation
• contingency and precautionary measures
• general monitoring activities
• what happens if the conditions aren't met?

Any costs related the monitoring of consent conditions or investigation into potential breaches are held at the responsibility of the consent holder.

We may take various actions if the conditions of a resource consent are not met. Depending on the circumstances, these include issuing:

• an abatement notice – this is essentially an official warning that the Resource Management Act is being contravened
• an enforcement order – a court-backed order demanding compliance
• an instant fine (called an infringement notice).

Severe breaches of the Resource Management Act or the conditions of a resource consent can result in prosecution or a heavy fine.

When we are informed of an activity that might be a potential breach of the District Plan or other sections of the RMA, our monitoring team will investigate.

Once the investigation is complete, we will notify the person who raised the concern, the property owner and the person carrying out the activity of the outcome. If a breach has occurred, the person responsible for the activity will be required to take action to comply with our directions.

If an NPDC officer confirms a breach of the District Plan or RMA has occurred, the costs of investigating and resolving the breach will be recovered from the responsible person(s), in accordance with section 36(caab) of the Resource Management Act.

We will work with all parties to achieve compliance to avoid unnecessary costs.

The changes mean the cost of investigations now sits with those responsible for the breach. Previously this was a rates-funded service. 

For our full list of rules please visit our Digital District Plan.

Any history of non-compliance can be considered in future applications made under the Resource Management Act.

Lapsed consents

Work on the approved activity must begin within five years, unless a different timeframe is stated in the consent, or your consent will lapse. Once established in accordance with consent conditions the activity may continue for an unlimited period unless otherwise specified in the consent.

Extensions

You can apply for an extension to the timeframe in your consent. The application must be lodged with us within the three months before the deadline. As part of this process you may be required to obtain new written approvals from people affected by the activity and the time extension.

Cancelled consents

The holder of a resource consent may cancel the resource consent, either in whole or in part, by giving written notice to us. The consent holder may in certain circumstances continue to be legally liable for any previous non-compliance.

We may cancel a resource consent by written notice served on the consent holder when substantial progress has not been made on the approved activity within the stated timeframe.

Application for change or cancellation of a resource consent