Council & Regulatory

Discretionary Activity

An activity that requires resource consent and where the council has full discretion to approve or decline based on any relevant consideration.

What is a Discretionary Activity?

A discretionary activity requires resource consent, and the council has broad discretion to grant or refuse the application. Unlike restricted discretionary activities, the council can consider any matter it deems relevant under the Resource Management Act 1991 — there are no limits on the scope of assessment.

This activity status is typically applied to proposals that represent a more significant departure from the plan's intended outcomes for the zone. For example, operating a commercial activity in a residential zone might be classified as discretionary.

Discretionary activity consents are generally more involved than restricted discretionary applications. The broader scope of assessment means more information may be required, and the council has greater latitude to decline. Notification to neighbours or the public is also more likely.

The costs and timeframes for discretionary activity consents are typically higher than for simpler activity statuses. Depending on the complexity, you may need to engage planning consultants, traffic engineers, or other specialists to support your application.

Why It Matters for Due Diligence

If your intended use of a property requires a discretionary activity consent, there is a real risk the application could be declined. Factor this uncertainty into your purchase decision. Don't assume you'll get consent — especially for activities that conflict with the general intent of the zone.

Before committing to a purchase based on plans requiring discretionary consent, consider getting a pre-application assessment from the council or advice from a resource management consultant on the likely outcome.

How to Check

Check the district plan's activity tables for the relevant zone to see which activities are classified as discretionary. The council's duty planner can confirm the activity status for your specific proposal. For significant proposals, a pre-application meeting with council can provide useful guidance on likely outcomes.

Frequently Asked Questions

Is it hard to get a discretionary activity consent?

It depends on the proposal and its effects. A well-designed proposal that's compatible with the neighbourhood and addresses potential effects can succeed, even as a discretionary activity. However, there's always more uncertainty compared to controlled or restricted discretionary activities.

How much does a discretionary activity consent cost?

Council fees alone can range from $3,000 to $15,000+ depending on complexity. Add consultant fees for planners, engineers, and other specialists, and total costs can reach $20,000-$50,000+ for complex applications. Notified applications cost significantly more.

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