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.

From time-to-time NPDC are informed of an activity that may result in a potential breach district plan or other relevant sections of the Resource Management Act. Our monitoring team will investigate the activity to ascertain whether a breach has occurred.

After the investigation has taken place, the person that notified council, the property owner and the person carrying out the activity will be notified of the results of the investigation. If a breach has occurred, the person carrying out the activity will be instructed to take action to comply with NPDC officer’s directions.

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