Existing Use Rights

What is Existing Use Rights?

Section 10 of the Resource Management Act 1991 refers to Existing Use Rights of a building or activity, before the rule was made operative in the District Plan or Proposed District Plan.

However, to replace a structure or continue an existing activity (land use) which does not have resource consent and would contravene a rule in the District Plan, a person may apply to the Council to issue an Existing Use Rights Certificate for a structure or activity to be documented as legally established.

For Council to process an application for Existing Use Rights, these standards are provided for under Section 10 of the Resource Management Act 1991, which are:

  • The building or activity was lawfully established before the rule became operative into the District Plan or the Proposed plan was notified, and
  • The effects of the land use are the same or similar in character, intensity, and scale to those which existed before the rule became operative into the District Plan or the Proposed Plan was notified, and
  • The building or activity was not discontinued for a continuous period of more than 12 months after the rule in the plan became operative or the proposed plan was notified.

Existing Use Rights Under Section 10 Do Not Apply To

  • Reconstruction, alteration of, or extension to, any building that increases the degree to which the building does not comply with any rule in a plan or proposed plan.

It is for the person responsible for the building/ activity, to produce relevant evidence that their activity qualifies for Existing Use Rights.

To apply for Existing Use Rights

  • Complete the application form and sign.
  • Provide plans of the building/ activity.
  • Provide additional evidence the building/ activity is lawfully established.
  • Application fee (this can be invoiced)

To submit your application

Email:

RCApplications@wmk.govt.nz

Post:

Private Bag 1005, Rangiora, 7440

Or handed:

To Council staff at Rangiora Service Centre, 215 High Street, Rangiora.

For the application fee, please refer to the Council’s fees and charges schedule