What does this mean for me?
You will not need a resource consent if you can meet the rules and standards for the area where you want to operate your business. The rules and standards are set out in district/city or regional plans.
For more information see 'An Everyday Guide to the RMA' booklet 1.1 Getting in on the Act.
Don’t assume the rules for Kaitaia are the same as for Bluff
The RMA generally lets communities decide how they want to manage their own environment so every council plan is different. It's important that you don't assume that just because you don’t need a consent in one locality, you won't need a consent in another. There are also likely to be differences between areas within a district/city or region. Whether you'll need a resource consent, and what type of consent you'll need, depends on the type of activity you want to do, and how it's classified in your local district or regional plan.
Councils – through district plans – may provide zones where you can locate your business
District and city councils will have rules which apply to various areas (often called zones or management areas). Generally all land in New Zealand will be zoned. Each zone will have a set of rules and standards that must be met. District plans list different zones where businesses and industries can locate. These zones are often called:
- business zones
- commercial zones
- industrial zones
- residential zones – for small home-based businesses
- rural zones – for rural-based businesses.
There may be standards or limits for the different zones. Some examples are:
- what activities you can use the property for
- how much noise you can make
- the hours of operation of your business
- the number of employees you can have
- how much parking you need to provide for staff and customers
- the use of hazardous chemicals on the site.
Councils – through regional plans – may provide for the operation of your business
Regional plans contain rules and standards for different activities just as district plans do.
Standards in regional plans are generally about what your business will do to the quality or quantity of a natural resource.
If you want to use a natural resource such as water (directly from a river or stream) or gravel, or discharge something as a result of your business, into the air, water or onto land, you need to check what the regional plan provides for in the place you want to locate your business.
For anything other than using very small amounts of a natural resource, you will probably need a resource consent. You will probably also need to have equipment or processes to treat any discharges so they meet the standard that is acceptable under the regional plan.
You will need to check how district and regional plans provide for your type of business. To do this you should have a good understanding of what your business will involve.
Ask yourself. . . “What does my business involve?”
The first step is to think about the needs for your business. Does your business have to be in a specific location? Some businesses, such as retail or tourism ventures may be totally dependent on the surrounding location being their point of difference. Is this the case for you or can your business trade from a variety of locations?
If you have a specific location in mind you can check the district and regional plan rules which apply to that location and see if you can meet the rules.
If you don’t have a specific location in mind it may be possible to find a site that meets your business needs and meets all the rules in the district and regional plans.
Think about what you need to operate your business. Consider what is essential to your operation and what is desirable. This information will help identify areas (zones) where you may be able to easily establish your business.
If you are unsure where to start, think about everything you would do at your new business for a day. Write this down, it provides a useful description of your business. Examples are identified below – in brackets are they types of rules that may be found in district and regional plans.
- What size building does your business need to operate from? (scale of activity, site coverage)
- What time will you start and finish? (hours of operation)
- How many employees will you have? (scale of activity)
- How many vehicles will be coming to your business, including staff, customers and suppliers? (vehicle generation).
- What type of vehicles will be coming to your business cars, small or large trucks? (vehicle generation).
- Will you need or want signage for your business? (signage)
- Will there be any storage of goods? Will this be inside or outside? (outdoor storage)
- Do you have carparking for staff and visitors? (carparking numbers)
- Is there any machinery operating? (noise)
- Will your business generate any smell? (odour)
- Does your business involve using or storing hazardous substances such as petrol or chemicals? - (hazardous substances)
- Are you going to be selling goods from the site? (retailing activities)
- Do you discharge anything into air, water or land? (discharge rules)
- Are any structures needed in water bodies? (structures in beds of rivers and lakes).
Ask yourself. . . ”What are your goals for the future expansion of your business?”
While you may be just starting your business you should think about how things will change if you grow. For example:
- will you get extra staff?
- will you start work earlier, or end later?
- will the number of vehicles coming to the site change?
- will you provide any new services?
Once you know what you need for your business now and in the future it may be possible to find a location where you can operate your business and meet all the district and regional plan rules and standards.
If you have flexibility in where you locate and how you operate your business so you can meet all the rules and standards, you will not need to apply for a resource consent.
If you cannot meet all the rules and standards you will need to apply for a resource consent.
Check for other things that could affect your premises and operation of your business
As well as thinking about what your own business needs you should think about whether other activities that could locate near your business could adversely affect you. District and regional plans will tell you about other things that could affect the premises, or about other things that could affect the way that you want to operate your business.
The district and regional plans can not control trade competition but the location and operation of another business or industry nearby may affect you in a positive or negative way.
Things to look for in plans include:
- infrastructure designations such as for roads or electricity transmission
- where new retail centres or more intensive subdivisions can be developed
- earthquake and flood zones which can include additional rules about where you can build on the site, and building construction requirements
- airport zones
- requirements for the protection of heritage buildings
- coastal hazard zones.
Things to think about that could happen around you:
- new buildings
- construction effects
- noise
- discharges to air, including odour
- changes to water quantity and quality
- increased traffic
- changes to the amenity of the area, eg, vegetation clearance, changes to the landscape or views
- increased competition for natural resources such as water or gravel.
