Certificate of Compliance Application
A Certificate of Compliance can be issued in respect of an activity or a proposal that does
not require a resource consent, i.e. the District Plan indicates that it is permitted as of right. For example an application for a Certificate of Compliance may be made in situations where it is not clear whether the proposal or activity is actually a permitted activity. It can also be used as a formal record that the Council regards the proposal as "permitted".
Introduction
If an application for a Certificate of Compliance is declined, a resource consent application is generally required. The applicant will be advised of this.
A Certificate of Compliance should not be confused with a Code Compliance Certificate,
which is issued under the Building Act 1991.
Making the Application
To apply for a Certificate of Compliance the following information needs to be lodged with the Council:
- A completed standard application form. An application form is in the information pack that can be sent out to the
applicant.
- A detailed description of the particular proposal or the proposed
activity
- Detailed plans at a recognised metric scale to illustrate the
proposal
- Report showing how the proposal complies with the District Plan
Rules
- If the application relies on "Existing Use Rights" under section 10 of the Resource Management Act 1991 an assessment
under this section of the Act must be provided. This will probably have to be undertaken by a Resource Management consultant.
- A deposit processing fee
- Three (3) sets of reports and plans are to be provided
What happens to my application after it has been lodged?
Once the application has been received, it is allocated to a resource planner. This planner will check the application against the rules of the
District Plan. If further information is required, the applicant will be contacted. The applicant will be advised by mail of the decision on the application.
Processing time
The application should be processed within 20 working days (approximately four weeks) from the day the application or any additional information required is received. However, this can at times be exceeded due to a variety of circumstances. The applicant will be advised if this situation arises.
Length of validity
The Certificate of Compliance is valid for two years. The proposal must be established within this time in order to be covered by the certificate of compliance.
Can it be refused?
Yes, the application for a Certificate of Compliance can be refused. A resource consent will then generally be required. The fee paid for the application for the Certificate of Compliance will be credited to the resource consent fee.
Can I object or appeal Council's decision?
If the application for a Certificate of Compliance is declined by Council staff under delegated authority, it is possible for
an applicant to
appeal against this decision within 15 working days from the day the decision was received.
An appeal under section 357 of the Resource Management Act 1991 is to be
directed to the Council's Service Manager: Resource Management/Building.
An appeal under section 120 of the Resource Management Act 1991 is to be
directed to the Environment Court. An appeal is required to be lodged with the Environment Court in Wellington within
15 working days from the date the applicant received notice of the decision (this maybe the application decision or the decision related to the section 357 objection).
Application form
November 2002
The Certificate of Compliance application has been incorporated into the
Resource Consent application.
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