A guide for commercial business owners
Understanding the landscape
You're a business owner in New Zealand, ready to expand your operations with a new commercial building. You’ve found the perfect location, secured funding, and are excited to start construction. But as you begin navigating the approval process, you’re faced with a maze of regulations. Which council do you need to talk to? What permits are required? How do you ensure your project complies with all necessary rules? If you're asking these questions, this guide is for you. Read on to better understand the roles of regional and local councils in New Zealand and how to navigate their requirements effectively.
What’s the difference? Regional councils vs. local councils
To make informed decisions for your building projects, it's important to understand the distinct roles that regional and local councils play. Let’s break down their responsibilities:
Regional councils: guardians of the environment
What they do
Regional councils in New Zealand focus on managing natural resources and protecting the environment. Their jurisdiction typically spans large areas, covering multiple districts. If your project involves any environmental impact, such as water use or air emissions, you’ll likely be working with a regional council.
Key responsibilities relevant to your business
Water management
Think of regional councils as the stewards of New Zealand's water. They regulate the quality and allocation of freshwater resources to ensure sustainability. For example, regional councils enforce strict controls on water usage to protect water quality. If your project involves using or impacting water resources, you’ll need to comply with these regulations.
Air quality and pollution control
To protect public health, regional councils monitor air quality and control emissions. If your business plans include processes that could impact air quality, understanding these standards is key.
Land use and soil conservation
Regional councils manage land use practices that impact soil conservation and environmental sustainability. For example, Horizons Regional Council has a minimum permitted land disturbance amount, which your construction plans may need to align with to prevent environmental degradation.
Coastal and marine area management
If your project is near coastal areas, you’ll interact with regional councils that manage these environments. Compliance with regional coastal plans is essential to avoid legal and environmental issues.
Natural hazard management
Regional councils also assess and manage risks from natural hazards like floods, earthquakes, and landslides. Understanding and complying with regional hazard management plans are crucial if your project is in a risk-prone area.
Local councils: the community custodians
What they do
Local councils focus on the day-to-day needs and infrastructure of towns and rural areas. Their responsibilities are more localised, ensuring that communities run smoothly and safely.
Key responsibilities relevant to your business
District and local planning
Local councils manage land use planning and zoning within their areas to align with community growth and development. Understanding these regulations helps you find suitable sites for your project and ensures compliance from the start.
Building consents
If you’re planning a new building, local councils are the primary authority for issuing building consents. They ensure that proposed buildings meet safety, design, and environmental standards.
Local infrastructure maintenance
Local councils maintain local infrastructure, including roads, bridges, parks, and public spaces. Understanding how infrastructure maintenance might affect your project can prevent operational disruptions.
Public health and safety
Local councils are responsible for public health services, waste collection, and safety initiatives. Staying compliant with these standards is key to avoiding fines and maintaining a good reputation.
Community development
Local councils also foster community development through cultural, recreational, and social programs. By understanding these goals, you can align your building projects with local priorities, gaining community support and potentially expediting approvals.
Do I need approval from both regional and local councils?
Yes, often you do. Regional councils handle environmental regulations, while local councils manage building codes and land use planning. Engaging with both councils early in your project planning can save time and ensure compliance with all regulations. At XL, we have our own in-house team who can help with compliance and planning checks to simplify the process for our clients.
What environmental regulations should I be aware of?
If your project involves activities that could impact water, air, or soil quality, you’ll need to meet regional council requirements. It's important to engage with the right consultants or specialists to help navigate this process. These consultants can help you prepare detailed environmental impact assessments, especially for industrial projects, to show how you will mitigate any negative effects.
How can I ensure my building plans align with local zoning laws?
Local councils provide zoning maps and guidelines. Review these resources early to make sure your project fits within designated zones. This can prevent legal conflicts and delays.
What is the Resource Management Act (RMA), and why is it important?
Both regional and local councils operate under the RMA, which focuses on the sustainable management of natural and physical resources. Compliance with the RMA is crucial for the legality of your project. Understanding how the RMA affects both regional and local council regulations can help you navigate approvals more smoothly.
Why is it important to comply with the RMA?
Non-compliance with the RMA can lead to significant consequences under Section 339 of the Act. This section outlines the penalties for breaches, which can include substantial fines and even imprisonment for severe violations. For example, individuals can be fined up to $300,000, while companies may face fines up to $600,000. In cases where environmental harm is proven, the penalties can escalate, including the potential for imprisonment of up to two years for individuals responsible. These severe penalties underscore the importance of adhering to all RMA requirements throughout your project to avoid legal issues and ensure sustainable outcomes.
What are the steps for obtaining building and resource consents?
Start by consulting with local and regional councils to understand the specific requirements for building and resource consents. Each council has its own process, but generally, you’ll need to submit detailed plans and demonstrate how your project complies with local bylaws and safety standards.
How do I handle ongoing compliance?
After receiving the necessary consents, ongoing compliance is crucial. When a resource consent is issued, it will include a list of consent conditions which need to be met and can be regularly checked up on. Regional councils may monitor environmental impacts, while local councils may conduct inspections to ensure your building adheres to safety and design standards. Be prepared for regular evaluations to maintain compliance and avoid fines.
take the next steps with confidence
Navigating the differences between regional and local councils in New Zealand can be complex, but it doesn’t have to be overwhelming. By understanding their distinct roles and responsibilities, and engaging with them early, you can ensure a smoother approval process for your commercial or industrial building project. Remember, the key to success lies in thorough planning, early consultation, and adherence to local regulations.
