Resource consents and the 2022 Weather Event

Do I need resource consent to remediate a slip?

It will depend on the nature of the remediation work. If the work on your property includes earthworks (cut or fill) and adding any structure, then you may need a resource consent to be compliant with the Nelson Resource Management Plan. The general earthworks rule (REr61) (3.8MB PDF) will apply, and depending on the location of your property, for example if it is in the Tāhunanui slump zone or in an area with specific land management zones, other rules may also apply. Call Council’s duty planner 03 546 0200 or a planning consultant to determine what’s needed.  

How much will it cost?

The good news is that the usual processing cost for resource consents is being waived for August 2022 weather event remediation work.

How long will it take?

We are trying to streamline the consent process as much as possible given the circumstances, but we do need to make sure that any work done prevents further sedimentation of our waterways.

What should I cover in my resource consent application?

In situations where it is determined that your works require a resource consent, please include August 2022 weather event remediation works within the description of the activity and provide a report from the geotechnical expert with your completed resource consent application form. Please identify when works are expected to start so we can have the consent issued in time. 

Do I need resource consent for works in or near streams?

Flood debris including litter, vegetation, and trees can be removed without the need to obtain resource consent. Replanting along the margins of streams is allowed without resource consent as long as no pest plants are planted and no willow is planted within 5m of the waterbody.

Please note: earthworks of any height or depth within 10m of the river or stream bank will require resource consent.

Works in the stream bed/banks or channel to mitigate flooding risk to properties may require resource consent. Experts will need to be engaged to report on what needs to occur to protect property and the stream habitat or stream dynamics. Council may be able to approve temporary measures until the permanent solution is designed and consented. Please contact the duty planner on the number below to discuss your situation.

In situations where it is determined that your works require a resource consent, please include August 2022 weather event remediation works within the description of the activity and provide a report from the expert(s) with your completed resource consent application form. Please identify when works are expected to start so we can have the consent issued in time. 

Emergency works and resource consents

During a Civil Defence State of Emergency, directions from the Controller for works that require immediate action can occur without the need to obtain prior resource consent, if they are directed by Civil Defence. The August weather event switched from a State of Emergency to the Recovery phase on 31 August 2022.

The Civil Defence Group Recovery Manager can continue to direct urgent works to occur during the Recovery phase prior to obtaining resource consent, under s330B of the Resource Management Act (RMA).

However, if the works undertaken would normally require consent, Council’s resource consents team need to be notified.

Please notify Resource.ConsentsAdmin@ncc.govt.nz within 7 days of the activity being undertaken, stating when you obtained a direction from the Civil Defence Group Recovery Manger, the location of the works, and a brief description of the works undertaken.

Any permanent fix that would have needed consent may need a retrospective resource consent within 60 days of that notification. Depending on the size of any retaining structure this may also need building consent.

Need more information on how to apply for a resource consent?

See Council’s website page about resource consent applications, and please phone 03 546 0200 to make an appointment with the duty planner if you need further assistance.