New fees under the Resource Management Act

The Council is consulting on two new proposed fees under the Resource Management Act 1991 (RMA) and we want to know what you think about these new fees.

The Council is consulting on two new proposed fees under the Resource Management Act 1991 (RMA) and we want to know what you think about these new fees.

The Government recently amended the RMA through the Resource Legislation Amendment Act 2017. The changes to the RMA include two new resource consent processes – permitted boundary activities and permitted marginal or temporary non-compliances.  The new provisions come into force on 18 October 2017.

The Council wants to be able to recover its costs in administering these new provisions.  The RMA requires that we consult using the “special consultative procedure” to set these new fees.

The Council has considered other reasonably practicable options in setting these fees.  Aside from charging these fees, the only other option is to not charge for processing these applications.  The Council does not favour this approach.  The applications are largely made for individual benefit and the application costs should therefore be met by the applicant.  

What are the new processes?

Permitted boundary activity applications (section 87BA)

This application type relates to breaches of District Plan rules on the size or position of a building in relation to the property boundary. 

These will be a permitted activity (i.e. no resource consent required) if written approval is obtained from the owners of the adjoining property and there are no other rules breached.

Boundary rules covered by this provision include recession planes and building setbacks from neighbouring boundaries, but exclude boundaries with public land such as roads or reserves.

Plans and other supporting information must be submitted to the Council, then a written notice is issued confirming that the activity is permitted.

Permitted marginal or temporary non-compliance (section 87BB)

This new provision enables Councils to treat an activity as permitted (i.e. no resource consent required) if there is only a ‘marginal or temporary’ rule breach. After assessing the activity against the criteria set out in the RMA the Council can issue a written notice determining that the activity is permitted. 

What are the proposed new fees?

For the permitted boundary activity applications, we are proposing a deposit of $800 with the application. 

This will generally cover administration tasks, time spent by the planner checking the plans and written approvals, and time spent by a senior officer confirming that a permitted activity notice can be issued. The proposed deposit is the same as a Certificate of Compliance, which is a similar process under the RMA.

For permitted marginal or temporary non-compliances, we are proposing a deposit of $1,000. 

This will cover administration, time spent by the planner assessing the effects of the activity and preparing a report, and decision-making by a delegated officer. The time involved is likely to be similar to a simple resource consent application as the same tasks need to be undertaken by staff.

Both fees are initial deposits, then the actual costs will be calculated when processing is completed. Officer time will be charged at the hourly rates in the existing Resource Management Fees Schedule set under the Annual Plan.

Resource Management Fees Schedule(external link) 

Any unused portion of the deposits will be refunded, or alternatively any additional costs will be invoiced.

What happens next?

• Submissions close on Friday 27 October 2017.
• If required, a Hearings Panel will hear submissions in November.
• The Council will consider all submissions, make its decision and then let submitters know the outcome.

The new charges are expected to come into force  November/December 2017.