Certificate of Compliance
A Certificate of compliance is a certificate or letter from the relevant District / City Council, Regional Council or Unity Council. This letter confirms that an activity a person is doing, or wishes to do, on their property is allowed without resource consent, in other words the activity is a permitted activity.
In order to apply for the certificate of compliance, evidence must be provided to the relevant Council outlining what is proposed and the reasons a resource consent is not required. This is so that the Council can make an informed decision. It is important to note that the onus to prove no resource consent is necessary is on the applicant.
The following additional information is listed below:
Resource Management Act - Definition
Section 139 Consent authorities to grant certificates of compliance
(1) Where an activity could be lawfully carried out without a resource consent, in respect of any particular location, the consent authority shall, upon request and payment of the appropriate administrative charge, issue to any person who so requests a certificate that a particular proposal or activity complies with the plan in relation to that location.
(2) A consent authority may require an applicant for a certificate of compliance to provide further information relating to the request if, in the opinion of the consent authority, the information is necessary to determine whether the particular proposal or activity complies with the plan.
(3) Subject to subsection (5), no certificate of compliance may be issued where a proposed plan has been notified and the proposal or activity is not a permitted activity, or could not lawfully be carried out without a resource consent, in relation to that location in the proposed plan.
(4) A certificate of compliance shall describe the particular proposal or activity and the location concerned and be issued within 20 working days of the receipt by the consent authority of the request, or of further information requested under subsection (2), whichever is the later.
(5) A certificate of compliance shall state that the particular proposal or activity was permitted, or could be lawfully carried out without a resource consent, on the date of receipt of the request by the consent authority.
(6) Subject to sections 10, 10A and 20A(2), a certificate of compliance shall be deemed to be an appropriate resource consent issued subject to any conditions specified in the plan, and the provisions of this Act shall apply accordingly, except that, with the exceptions of sections 120, 121, 122, 125, 134, 135, 136, and 137, this Part does not apply.
(7) Sections 357A and 357C to 358 apply in relation to an application for a certificate of compliance.
Example 1
A person is self employed doing wood turning on their property. They may apply to the Council to confirm that what they have been doing is legally allowed. A certificate of compliance will alleviate any concern of possibility of receiving an abatement notice to stop or having a neighbour complain about the activity.
Example 2
A person is wishing to purchase a property, but their main reason for doing this is that they want to have an art gallery in the garage. They have been assured that a gallery can be opened, however, since the purchase would be pointless if no gallery could be opened, the purchaser seeks a certificate of compliance from the relevant Council before going unconditional.
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