Resource consent

The Tairāwhiti Resource Management Plan (TRMP) encompasses Gisborne District Council's resource management regulations, addressing regional policies, coastal plans, and district plans. Aimed at ensuring sustainable development and environmental protection, the TRMP establishes ‘rules’ for various aspects such as air and water quality, coastal protection, urban areas, flood zones, natural resources management, hazardous substances, and physical resources. The Gisborne District Council enforces the TRMP through monitoring and compliance tools, including abatement notices, infringement notices, prosecutions, and the issuing of resource consents to permit activities not permitted by the Plan (TRMP).

To find out what you can do on your property, first you need to know the zone and all the relevant overlays it is in. Each property has a zone within the Tairāwhiti Resource Management Plan (TRMP).This is  a rule book to manage how different parts of our District are used, developed and protected in a sustainable manner. You can find what zone your property is in by searching your address in our GIS Maps.

Finding your Property Zone

Please see the following steps:

• Open maps here.
• Start typing your address or legal description in the search bar on the right-hand side of the screen.
• Click on your full address or legal description to select it when it appears in the left-hand side.
• Click the layers and then on the planning information to know the relevant zone and overlays.
• Once you identify the zoning of your property, please see the following TRMP rule chapters for area-based provisions.
• Go to relevant chapter according to your relevant zone.

Each zone chapter sets out a description and expectation for the zone, objectives, policies and rules (in that order). The rules set out bulk and location requirements for buildings and tell you what types of activities are allowed in your zone.

Additional Rules to Check

• Activities shall comply, where relevant, with the regional or district rules and general standards specified in C3.14 Coastal Environment Overlay, C4 Cultural and Historic Heritage, C5 Environmental Risks, C6 Freshwater, C7 Land Management, C8 Natural Hazards, C9 Natural Heritage, C10 Subdivision, C11 General Controls.
• National Environmental Standards and National Policy Statements would also be relevant according to the type and scale of your proposal.

Papa Kainga and Marae Settlements

If your site is a specified Māori Land, regardless of the zone, there is Papa Kainga rules in TRMP that you need to comply with (refer from p.75). The general zone rules will not apply for the Māori Land.

• The Tairāwhiti Resource Management Plan (TRMP) lays out a list of General Standards that all activities are required to meet, in order to be deemed ‘permitted’ and therefore exempt from a resource consent. In the TRMP, the general standards are found above the rule’s tables. They provide a synopsis to the rules.
• A resource consent is required if you cannot comply with the General Standards, or if a rule for your activity specifically states a consent is required.
• Activities shall comply, where relevant, with the regional or district rules and general standards specified in C3.14 Coastal Environment Overlay, C4 Cultural and Historic Heritage, C5 Environmental Risks, C6 Freshwater, C7 Land Management, C8 Natural Hazards, C9 Natural Heritage, C10 Subdivision, C11 General Controls.

The following information outlines some basic planning rules for:

• Building a new house
• Extending an existing house
• Building a garage (accessory dwelling)
• Building a second dwelling

If your query has not been addressed after reading the information below, please  seek further advice by contacting our Duty Planner on 869 2444 - Monday to Friday, 10am to 12pm.

Multiple Dwellings

Any additional dwelling with a floor area of 60m2 or greater is considered to be an independent dwelling unit which must comply with points 1 - 6 listed above.

Please note that the minimum site area requirements apply to each dwelling. For example, two detached houses in the General Residential zone require a total site area of 800m2.

Development Contributions

These are financial payments made by people when developing property. These contributions fund the infrastructure and reserves required to provide for the demand created by growth.

This demand can come from a range of development. It may include residential, commercial or industrial development. A development contribution payment is required for both the construction of a minor dwelling and a second residential dwelling, although the amount will differ.

Building Consents and Resource Consents  - there is a difference

Your project may require two types of consent from the Council, Resource consent and Building consent:

Resource consent - for activities that impact on the environment which includes your neighbours or the neighbourhood. A Resource consent is permission for you to undertake an activity that does not comply with Council’s District Plan rules. This may require an assessment of effects in regard to noise levels, traffic, safety or loss of sunlight.

Building consent - to ensure your building is structurally sound and safe. Construction techniques, plumbing, drainage and land stability would be assessed through this type of consent. Please note this is a general guide to our residential development rules and is designed to provide basic advice to people wishing to undertake small scale development.

If your query has not been addressed, please  seek further advice by contacting our Duty Planner on 869 2444 - Monday to Friday  10am to 12pm.

Residential Development

The rules for development within Gisborne’s residential zones are outlined in our Tairawhiti Resource Management Plan .

If you are planning a development please feel free to speak to Council’s Duty Planner for more information.

The following rules apply:

Minimum Site Area - the minimum size of the section on which you will be working. Refer to Council’s District Plan to confirm which zone your section is within:

* Land subject to a Site Caution Layer is generally erosion prone and/or is not stable.

Yards - the minimum distance between a building and your boundary. Yard requirements are designed to protect your privacy. Yards differ depending on whether the building is a house or a shed, garage or carport. These requirements are shown below.

A building may be built closer to a boundary if the affected neighbour gives their written approval and if the building still meets the height rules.

Please note that yards differ for rural zones.

Height - the height of buildings relative to their distance from the boundary. These rules are designed to protect your neighbour’s access to sunlight. The building height recession plane is calculated by measuring 2.75m vertically on your boundary.

Your building must fit within the angle specified in the diagram below. Minimum angles allowed differ depending on the orientation of your section.

If your proposed building infringes the height recession plane but the extent of the infringement is less than one metre, a resource consent will only be required if the affected neighbour will not give written approval. If the building exceeds the height recession plane by more than one metre, a resource consent will be required.

Site Coverage - the percentage of your property covered by buildings and structures. No more than 35% of your land (site) area can be covered in buildings. This includes existing buildings and structures with a roof and decks 2.4m above the ground. Access strips (driveways) to rear sites may not be included when calculating this percentage.

Access - Accessways (driveways) to two - four houses must be a minimum of 4m wide on your plan. They must be sealed to at least 3m wide. Please note there are different requirements when five or more dwellings share an accessway.

Building Length - Multiple units or buildings additional to the main building cannot be longer than 15m. If they are, at least one of the buildings must be offset by at least 2m or set a sufficient distance from the boundary.

If your development fails to meet any of these requirements or, in the case of the height and yard requirements, you are unable to obtain the necessary approval from the neighbouring property owners you will need to obtain a Resource consent (land use) from the Gisborne District Council.

Minor Dwelling Unit

A minor dwelling is a dwelling unit which has a floor area less than 60m2 . It must comply with points 1- 5 listed above. There is no minimum site area for a minor dwelling unit.

The following information outlines some basic planning rules for applying for Resource Consent and how to make preparing an application easier.

If your query has not been addressed after reading the information below, please seek further advice by contacting our Duty Planner on 869 2444 - Monday to Friday, 10am to 12pm.

What happens if your application is incomplete?

If your application is incomplete (the information listed on the back of the resource consent application form hasn’t been provided), or it doesn’t have enough information, the application will be returned to you unprocessed.

Your application must include sufficient information so Council can assess your proposed activity and how it will affect the environment.

If your application is missing some detail required to make this assessment we will request the information from you. If you are asked for further information your application will go on hold until you supply the information. If you choose not to supply the information your application may be declined.

What happens if I am unhappy with Council’s decision?

If you are unhappy with Council’s decision you have the right to lodge an appeal with the Environment Court within 15 days of receiving the decision.

If you are unhappy with a condition(s) placed on the resource consent you can lodge an objection with Council for reconsideration of that requirement.

How much does a Resource Consent cost?

The cost of a resource consent depends on the amount of time taken by Council staff and the Hearing Committee to process your consent.

Generally non-notified consents are less expensive however this will depend on the complexity of your proposal and whether enough information was submitted with the original application.

Deposit Charges

Deposit fees are required to be paid upon lodgment of any Resource Consent  - please refer to our fees and charges for deposit amounts.

Development contributions

Development contributions are financial payments charged when developing property and where new sections are created as a result of a subdivision.

A development contribution may be required for a land use resource consent depending on the nature of the proposed activity. More information on Development Contributions here.

If you require any planning advice or information you can contact our Duty Planner on 869 2444 - Monday to Friday, 10am to 12pm.

What is a Resource Consent?

A resource consent is written permission from Council to do an activity that does not comply with a rule in one of Council’s plans prepared under the Resource Management Act (RMA).

We have a combined District and Regional plan - called the Tāirawhiti Resource Management Plan (TRMP). This outlines rules about the types of activities that can be done in the Gisborne district. It also  indicates what we are trying to achieve by managing our resources.

They specify what you can do as of right (permitted activity), or what you need permission (resource consent) for.

There are 5 different types of consents:

• Landuse Consent - for the use of land.
• Coastal Permit - for any activity in the coastal marine area.
• Water Permit - for taking, damming or diverting water.
• Discharge Permit - for discharging contaminants to land, soil, water or air.
• Subdivision Consent - for subdividing land.

The process

Resource consent application forms are available at Customer Service and online.

Once we accept the resource consent application for processing, there are 2 ways it can be processed; either notified or non-notified.

Notified Consents 

There are 2 types of notification processes:

• Public notification
• Limited notification

Public notification

A resource consent application is required to be publicly notified if:

• Council decides the activity will have or is reasonably likely to have adverse effects on the environment that are more than minor; or
• the applicant requests it; or
• a rule or national environmental standard requires it; or
• there are ‘special circumstances.

Public notification means the application must be advertised in the Gisborne Herald and on our website and calls for written submissions from the public. We will also send a copy of your application to all the people we determine might be affected.

Once notified, anyone can make a written submission to Council either supporting or opposing your application. If submissions are received that oppose the application, the application goes to a hearing.

A hearing is a public meeting where a committee of councillors or commissioners hear the evidence for and against the application and make the final decision on whether to grant or decline the application.

Limited Notification

Limited notification will occur when the effects of an activity only extend to adjacent land. People deemed by Council to be adversely affected by the application must be notified and only they can make a submission on the application.

If a person has given written approval for the activity, they cannot be considered affected and do not need to be notified. The application is not advertised in the newspaper, but will be on our website.

Like publicly notified applications, if submissions are received the application is heard by Council’s Hearings Committee who will make the final decision whether to approve or decline the application.

Non-Notified Consents

The majority of applications we receive are processed without notification.

This means the application is not publicly advertised in the newspaper and affected people do not have to be sent information about your application.

A consent will not be notified if:

• Council considers that the effects of the activity will be minor; and
• every person adversely affected by the proposed activity has given their written approval.

The assessment and decision on whether to grant a non-notified resource consent is undertaken by Council staff.

Zone rules in addition to minimum site area:

• In Residential Zones, principal dwellings (>60m²) on front sites (adjacent to road) must have a 2m setback from side and rear boundaries and a 4.5m setback from the front boundary.
• Rear properties require a 3m setback from all boundaries.
• In Rural Zones, dwellings must be 4.5m from all boundaries. There are also specific rules for the Rural Lifestyle and Rural Production zones, and activities close to vineyards, piggeries and plantation forestry.
• Dwellings located in a residential zone and within the reticulated services boundary require services for stormwater, wastewater disposal, water, electricity/telecom, and vehicular access.
• Dwellings located in rural zones will require onsite stormwater management, onsite wastewater disposal, potable water supply, and vehicular access.
• In Residential Zones, the total coverage of the site by structures must not exceed 35%.
• All structures must comply with height-in-relation-to-boundary (AKA height recession) to avoid shading neighbouring properties. For height calculations, contact the Duty Planner.
• Non-compliance options: Seek neighbour approval or obtain Resource Consent.

Servicing Area:

• Each dwelling-unit, on sites comprising more than one dwelling-unit, shall be provided with 15m² of exclusive outdoor service area, which shall be screened from adjoining sites and outdoor living spaces and exclude any area set aside for outdoor living space.

Building Consent:

• All dwellings (new or relocated) require Building Consent under the Building Act 2004.

Second hand dwellings:

• Re-erection of second-hand dwelling units are permitted if the original Code of Compliance Certificate for completion was issued not more than 10 years prior to the date of re-erection and all the other general standards are also complied with.  If the original Code of Compliance Certificate for completion was issued more than 10 years prior to the date of re-erection Resource Consent approval is required to be obtained.

Special exceptions:

• Front yards on Awapuni Road between Grey Street and Customhouse Street must be 4.5m.
• Residential Lifestyle Zone: All yards 4.5m.
• Eaves, porches, bay or box windows, steps and chimneys may be located 0.6m within any yard area.
• Yard distances shall not be applied between a minor dwelling and the principal dwelling erected on the site.
• All yards adjacent to the Waikanae Stream must be 20m from the mean high water springs line.

Existing use rights:

• If there was a lawfully established house/dwelling on the site and was removed due to any natural hazard or any other reason, and if you want to build a house within the same footprint and height then the existing use rights would apply.
• Existing use rights will not apply if the extend of non-compliance is increased.
• Existing Use rights cease to exist after the land use has been discontinued for 2 years.

Zone rules in addition to minimum site area:

• In Residential Zones (excluding the residential lifestyle zone), minor dwellings (<60m²) on front sites (adjacent to road) must have a 2m setback from side and rear boundaries and a 4.5m setback from the front boundary.
• Rear properties require a 3m setback from all boundaries.
• There are no provisions for minor dwellings in rural zones, therefore they are just considered another dwelling whereby the site must comply with the minimum site area requirements to allow for 2 dwellings. All structures are required to be 4.5m from all boundaries in all rural zones. There are also specific rules for the Rural Lifestyle and Rural Production zones, and activities close to vineyards, piggeries and plantation forestry. It should also be noted that 2 dwellings connected to the same onsite wastewater system requires a regional discharge to land consent.
• Minor dwellings located in a residential zone and within the reticulated services boundary require services for stormwater, wastewater disposal, water, electricity/telecom, and vehicular access.
• In Residential Zones, the total coverage of the site by structures with roofs must not exceed 35%. Site coverage calculations can exclude eaves.
• All structures must comply with height-in-relation-to-boundary (AKA height recession) to avoid shading neighbouring properties. For height calculations, contact the Duty Planner.
• Non-compliance options: Seek neighbour approval or obtain Resource Consent.

Building Consent:

• All dwellings (minor and principal) require a Building Consent under the Building Act 2004.
• Building Consent permits the structure, while Resource Consent permits the development.

Zone rules in addition to minimum site area:

• Accessory structures in Residential Zones must have a minimum setback of 1m from side and rear boundaries and 1.5m from the front boundary.
• In Rural Zones, accessory structures (and all structures) must be set back 4.5m from all boundaries.
• Using an accessory structure for tradesperson materials is allowed within a 25m² limit. See rule DD1.6.1(4) of the TRMP.
• In Residential Zones, the total coverage of the site by structures with roofs must not exceed 35%. Site coverage calculations can exclude eaves.
• All structures must comply with height-in-relation-to-boundary (AKA height recession) to avoid shading neighbouring properties. For height calculations, contact the Duty Planner.
• Non-compliance options: Seek neighbour approval or obtain Resource Consent.
• If your site falls under Commercial, Industrial, or Reserve zoning, contact the Duty Planner for guidance.

Building Consent:

• Most accessory structures (depending on size and if the structure has plumbing) require Building Consent under the Building Act 2004.
• Building Consent permits a safe structure, while Resource Consent permits development.
• Contact the Duty Building Officer to confirm Building Consent requirements.

The Fencing Act 1978 defines a fence as a structure along boundaries, including gates, culverts, channels, natural or artificial watercourses, live fences, ditches, or raised ground, separating lands of adjoining occupiers.

The Fencing Act 1978 outlines rights and obligations for neighbours building or upgrading a fence on a common boundary. Generally, if one wants to build a fence on a common boundary with their neighbour, or upgrade an existing one, they can expect the neighbour to go halves on the bill for an “adequate” fence. That is, one that is “reasonably satisfactory” for the purpose it is intended to serve.

Neighbours are encouraged to discuss their plans with each other before they start putting in the fenceposts. A fencing agreement can be entered into, covering fence details like height, materials, and cost. If no agreement, a fencing notice can be served, allowing the neighbour 21 days to object. Failure to object implies agreement. Disputes may proceed to mediation, arbitration, Disputes Tribunal, or District Court, with costs borne by the parties involved. Council is not involved in any fencing agreements or any payment disputes relating to fences.

The District Plan permits fences on or within a legal boundary in all residential zones to the maximum height of 2m.  To exceed the 2m height you will need to obtain the affect neighbours written approval or seek resource consent approval.

Commercial/ Industrial/Reserve Zones

If you are planning to build on a site within any Commercial/ Industrial/ Reserve Zone, Contact Duty Planner for planning assessment.

Designated land

Contact Duty Planner if you are planning your project on a designated land, because you may need to submit an Outline Plan.

Māori land

If your site is a specified Māori Land, regardless of the zone, there is Papa Kainga rules in TRMP that you need to comply with. The zone rules do not apply for the Māori Land. Please see the following link for Papa Kainga rules:

TRMP-Part-C1-C4-.pdf (gdc.govt.nz) (refer from page no. 75)

A home occupation is defined as a business conducted within a residential site by a permanent resident and must be secondary to residential use of the site. According to the Tairāwhiti Resource Management Plan (TRMP), it includes craft, business, trade or profession which is carried out in conjunction with and ancillary to a residential activity and can include bed-and-breakfast facilities.

In residential zones, home occupations are permitted if standards are met, including limiting traffic to 8-10 vehicle movements per day (this is 4-5 people coming to the site daily) and prohibiting heavy vehicle parking. Outdoor storage shall not be visible from neighbouring sites, and the dwelling must maintain a residential character. Up to two non-resident full-time equivalents can be employed.

Noting the home occupation cannot be the primary activity on the site, this still needs to be the residential activity.  Non-compliance with these standards requires a resource consent, addressing business scale, traffic, access safety, and hours of operation. For comprehensive information, visit the Gisborne District Council website or consult a Resource Management Consultant for application assistance.

There are no rules relating to trees in the General Residential Zone

In the General Industrial and Rural Industrial B zone there are some landscaping conditions:

Landscape maintenance, covering mulching, watering, and weed control, is mandated to ensure the survival or replacement of all trees and at least 80% of shrubs for two years after planting and maintained thereafter. Trees above car parks must not release substances damaging vehicle paintwork. Trees should not pose hazards to adjacent residential areas due to physical characteristics, pollen release, or overshadowing effects. The selection and location of tree species aim to minimize the impact on neighbouring properties.

There are specific rules regarding trees/vegetation in the Rural Zone.  These can be found in the rules for each rural zone contained in DD4 of the TRMP.

Land Information New Zealand defines easements as rights allowing a landowner and another party to use land for a specific purpose, registerable against the property's title. These can be for the conveyance of services like water or power, or for the ability to access a site through a ‘right of way’ driveway.

The land under the easement is the 'burdened land,' with easements either 'appurtenant to' (attached to) the 'benefited land' or 'in gross,' benefiting a specific person or corporation. The grantor, the registered owner of the burdened land, conveys the easement to the grantee, the owner of the benefited land or the entity benefiting from an easement in gross. Sections 107 to 115 of the Land Transfer Act 2017 govern easements.

The Tairāwhiti Resource Management Plan (TRMP) does not contain rules on easements; their creation is a legal matter. Section 108 of the Land Transfer Act 2017 allows for the registration of easements using an easement instrument (EI) under section 109. The EI must include prescribed information from the Land Transfer Regulations 2018 and be executed by the grantor and grantee. Consent from the registered mortgagee of the burdened land is necessary before registering the easement instrument.

While there are no rules on easements planners will check where the relevant easements are on a site at Building Consent stage. Therefore, please ensure your plans clearly show the structure or building outside of any easements.  Or for drainage plans ensure the drains are located within an easement for that purpose (if servicing a rear lot) or where the proposed easements are to be located if subdivision consent has been granted but the new titles have not been issued.

Any issues arising from private easements (on private land and not a Council main) such as blocked access, maintenance costs for shared accessways, damaged pipes etc are civil matters and Council will not engage with any disputes.