What activities need a resource consent?

Resource consents
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The Resource Management Act (RMA) gives Waikato Regional Council responsibility for promoting sustainable management of our region’s natural resources. This means:

  • allowing people to provide for their social, economic and cultural needs
  • safeguarding resources for future generations
  • safeguarding the life-supporting capacity of air, water, soil and ecosystems while avoiding, mitigating or remedying any adverse effects of activities on the environment.  Mitigation can also include "offsetting" effects (e.g. compensating for adverse effects by enhancing or protecting another area or ecosystem).

Resource consents are permits that allow you to use or take water, land or coastal resources. They also allow the discharge of water or wastes into air, water or onto land.

What may need a resource consent?

There are five types of resource consents:

  1. Land use consents
  2. Water consents
  3. Discharge consents
  4. Coastal consents
  5. Subdivision consents.

Waikato Regional Council can only issue types 1-4. District councils issue subdivision consents, however often regional consents are also required for activities associated with new sudivisions, e.g. stormwater, sewage disposal.

Some of the activities that are likely to require consent from Waikato Regional Council are listed below. If the activity you are looking for is not listed, and you are unsure of  our requirements please contact our Resource Use team on 0800 800 401.

Land use

Different land uses can affect water quality, land stability and the incidence of flooding. You may need a land use consent to:

  • carry out soil disturbance (earthworks), vegetation clearance, roading or tracking (Waikato Regional Plan, 5.1.4) particularly if the activity is within, or adjacent to, a natural wetland (NES Freshwater Regulations 37-56)
  • build or alter a bridge (Waikato Regional Plan, 4.2.8)
  • construct or alter a well (Waikato Regional Plan, 3.8.4)
  • construct or alter a culvert (Waikato Regional Plan, 4.2.9 and/or NES Freshwater Regulations 70/71)
  • drill, tunnel, excavate or otherwise disturb the bed of a river or lake (Waikato Regional Plan, 4.3.4)
  • place cleanfill onto land (Waikato Regional Plan, 5.2.5)
  • erect an erosion control structure (Waikato Regional Plan, 4.2.15)
  • construct or alter a ford across a waterway (Waikato Regional Plan, 4.2.11)
  • remove sand or gravel from the bed of a watercourse (Waikato Regional Plan, 4.3.7)
  • carry out soil cultivation near a watercourse (Waikato Regional Plan, 5.1.4)
  • carry out a nitrogen discharging activity within the Lake Taupō catchment area. (Waikato Regional Plan, 3.10.5)
  • operate stockholding areas (including feedlots) on farms (NES Freshwater Regulations 9-14)
  • undertake agricultural intensification including change to certain land uses, increase the area of irrigation of dairy farm land, dairy support land and intensive winter grazing (NES Freshwater Regulations 15 – 25)
  • apply more than 190 kgN/ha/yr from synthetic nitrogen fertiliser onto farm land (NES Freshwater Regulations 32 – 36)

NB: Note that an activity which results in the drainage of a natural wetland is now restricted, and in some cases prohibited, by the NES Freshwater Regulations 52 and 53.

Water - use, take, dam and/or diversion

Damming, diverting and taking water can affect people's ability to use the water, as well as affecting stream plant and animal life. You may need a water consent to:

  • take or use water from a river, stream, dam, lake or spring (Waikato Regional Plan, 3.3)
  • take or use water from an underground source (groundwater) (Waikato Regional Plan, 3.3)
  • take and use water for dairy shed washdown and milk cooling (Waikato Regional Plan, 3.3.4.13)
  • take or use geothermal water, heat or energy (Waikato Regional Plan, 7.6)
  • construct or alter a dam or stopbank and impound water behind the structure (Waikato Regional Plan, 3.6.4)
  • take, use, dam or divert water within, or within 100m of, a natural wetland (NES Freshwater Regulations 37 – 56)
  • divert or reclaim a watercourse (Waikato Regional Plan, 3.6.4 and NES Freshwater Regulations 57).

Discharges to air, water or land

Discharging contaminants into the environment can affect water, air and soil quality. There can be serious impacts on the health and safety of people, animals and plants. A discharge consent may be required for activities that:

  • discharge stormwater, or potentially contaminated or sediment-laden water into water, or onto or into land
  • discharge farm animal effluent into water, or onto or into land (Waikato Regional Plan, 3.5.5)
  • discharge treated human sewage onto or into land or water (Waikato Regional Plan, 3.5.7)
  • discharge treated or untreated wastes into water, or onto or into land
  • involve dumping or landfills (Waikato Regional Plan, 5.2.6 & 5.2.7)
  • create odours
  • involve intensive indoor farming of pigs, broiler chickens or mushrooms (Waikato Regional Plan, 6.1.5)
  • discharge dust, steam or other matter into the air
  • discharge greenhouse gas emissions into the air from sites with industrial process heat devices that burn coal or other fossil fuels (NES Greenhouse Gas Emissions from Industrial Process Heat)
  • discharges to, or within 100m of, a natural wetland which are likely to have adverse effects on the hydrological functioning, habitat, or biodiversity values of the wetland (NES Freshwater Regulations 37 – 56).

Activities in the coastal marine area

Coastal consents help protect the resources in the Waikato region's coastal marine area (CMA). This is a defined area of foreshore, seabed, coastal water, and air space above the sea. Spring high tide lines (‘mean high water springs’) extend the CMA further inland if the line crosses a river.  It may pay to seek advice as to the exact location of the CMA if you are seeking consent in that vicinity.

You may need a coastal consent (under the Regional Coastal Plan to:

  • remove or introduce plants
  • take or use water
  • discharge potentially contaminated water or water containing sediment
  • discharge treated or untreated wastes
  • dam or divert water
  • remove or deposit sand, shell, shingle or other natural materials
  • erect, place, use or occupy space for a structure
  • construct or alter a jetty or a marina
  • build erosion protection walls
  • operate a marine farm
  • use a vehicle
  • dredge
  • carry out drainage works
  • carry out a reclamation
  • carry out a declamation.

Activities that do not require resource consents

You do not need a resource consent if your activity is expressly allowed under the Resource Management Act (RMA).

Waikato Regional Council also has a range of ‘permitted activities’, which can be carried out with resource consent as long as they comply with certain conditions.

Learn more about permitted activities

National regulations

In addition to Waikato Regional Council’s regional policies and rules, we are also required to implement nationally applicable rules (“Regulations” and “National environmental standards” (NES)). National regulations that have consent-related requirements are detailed below.

Freshwater Regulations (NESF 2020)

In September 2020, the Government introduced the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (commonly referred to as the “Freshwater Regulations” or “NESF 2020”). These Regulations establish a regulatory regime for a range of activities which are considered to be priorities for improved management so as to achieve improved water quality and fish passage nationally. 

These new regulations supersede any corresponding, less stringent, regional rules but defer to any regional rules which are more stringent.  The particular activities which are regulated (and which may require resource consent) under the Freshwater Regulations include the following:

  • Utilisation of stockholding areas on farms, including feedpads, winter pads, standoff pads and loafing pads;
  • Conversions of land to certain land uses ie plantation forestry to pastoral; any farm land to dairy
  • Intensification of certain land uses – increasing the area of irrigation of dairy land, dairy support or intensive winter grazing
  • Intensive winter grazing
  • Use of synthetic nitrogen fertiliser above a certain level
  • Earthworks, land disturbance, vegetation removal, water take/use, damming, diverting or discharging within, or in the vicinity of natural wetlands
  • Activities which result, or may result, in the drainage of natural wetlands
  • Reclamation of rivers and streams
  • Culvert construction
  • Weir construction
  • Passive flap-gate construction

In addition, the Freshwater Regulations introduce requirements for reporting certain activities to the Council:

Important
Greenhouse Gas Emissions from Industrial Process Heat (NES-IGHG)

In July 2023, the Government introduced the Resource Management (National Environmental Standards for Greenhouse Gas Emissions from Industrial Process Heat) Regulations 2023 (commonly referred to as NES-IGHG). 

These Regulations establish a regulatory regime for the discharge of greenhouse gas emissions from industrial process heat devices that burn fossil fuels, from sites with discharges over certain sizes.  This implements the objective of the National Policy Statement for Greenhouse Gas Emissions from Industrial Process Heat (NPS-IGHG) to reduce emissions of greenhouse gases in order to mitigate climate change and its current and future adverse effects on the environment and the wellbeing of people and communities. 

The regulations manage discharges of greenhouse gases by regulating the use of heat devices that burn coal at different temperatures, and devices that burn other fossil fuels at a rate of equal to or more than 500 tonnes of carbon dioxide equivalent of greenhouse gases per year for all devices at a site.

Information and assistance in identifying activities that require a consent under these regulations, and for preparing applications, can be found at the following websites:

Important