When a resource consent is issued for land use and subdivision, it includes conditions to protect the environment and community from:
- any adverse effects resulting from land use
- activities that require approval under the district plan.
The conditions ensure the effects from the activity are avoided or mitigated to an acceptable level. Without mitigation through consent conditions, some of the effects on the environment and community may be irreversible. If compliance with consent conditions is not met then that raises questions around whether the consent should have been issued in the first place. Accordingly, Council treats non-compliance of conditions seriously.
Works on site need to be planned in accordance with the resource consent conditions from the beginning as both the contractors and the consent holder can be liable if the conditions are breached. If contractors consider the works may be in breach of the consent, they should refuse to undertake the works until they can be sure it complies. Any queries need to be directed to the Monitoring Officer for the site.
Who decides conditions
An applicant may suggest conditions, or the Council or the Environment Court may impose them. Once consent has been granted the monitoring officer does not have the ability to change conditions of consent and a change of conditions or deletion of conditions will need to be applied for.
You must read and comply with the conditions associated with your consent and discuss any questions or concerns with us early, and before any intended changes to conditions take place.
Some conditions may need further Council approval before work starts. For example, a Construction Management Plan, an Earthworks Management Plan or a Traffic Management Plan may be required, or all three. Such plans are usually required to be received and approved by Council, before works start and should be forwarded to the compliance monitoring officer as early as possible.
Keep us informed
You must let us know your start date at least 48 hours before you start work. You can email compliance monitoring email@example.com, or phone 0800 492452 and leave a message. Advise:
- the property address where the work will be done
- your contact details
- consent number
- the date the work will start.
Why we monitor resource consent conditions
Almost all resource consents have some monitoring conditions, designed to make sure you comply with the conditions of the resource consent. We do this:
- to avoid or mitigate potential adverse effects on communities and the environment
- because the Council has a legal obligation to monitor resource consents
- because the consent holder has a legal obligation to comply with the conditions.
We monitor work throughout the duration of the work to confirm the activity on a site is consistent with the approved resource consent.
Compliance monitoring provides ongoing validation that controls are in place and functioning as expected. It also helps you identify issues and modify any inappropriate actions or poor performance by the consent holder or anyone acting on your behalf before damage to the environment or other adverse effects occur, or expensive mitigation is required.
Which projects are monitored?
Almost all resource consents require monitoring to ensure compliance with conditions imposed by the Council or the Environment Court.
Resource consents that have certain environmental effects that need to be mitigated will have more specific conditions. For example, there may be conditions related to landscape planting, earthworks or other construction effects management, noise controls, or other conditions relevant for the nature of the effects that might arise when the resource consent is undertaken.
We charge time by the hour for the time we spend monitoring your consent. This includes reviewing the conditions and any site visits or written communication with you. These charges are applied over and above the fees incurred in securing the resource consent but a monitoring fee is charged at the time of finalizing your resource consent invoice
How is the consent monitored?
Monitoring is focused according to the seriousness of the risk. While all resource consents are monitored, activities that pose the greatest potential risk to the environment and community are given the highest priority and are monitored more closely, such as those consents have been publicly notified.
We'll normally visit the site at least once while work is underway. The number of visits depends on the size of the project and how well you are complying with the conditions. Most resource consents will need two or more site inspections. Additional visits may be required if the consent is complex, or has a significant number of conditions imposed. There are also consents that have conditions that need to be monitored for the life of the activity. These consents will be monitored either yearly, two year or less frequently.
Most monitoring site inspections involve an external visual site inspection, and you or your agent don’t need to be there. If you would like to be at the inspection or know when it will be please contact the monitoring officer to arrange a suitable time.
If we’re doing spot checks, we may not be able to make an appointment with you.
Complying with conditions
If you have questions or concerns please contact the monitoring officer who can help you decide on the best action. It is important to get it right the first time or you may need to apply for a new resource consent.
If you have not complied with resource consent conditions, there may be adverse effects on the environment and we may need to take enforcement action to rectify the issue.
If you have any questions please contact our resource consents monitoring team via email firstname.lastname@example.org, or phone 0800 492 452.