Non-Complying Activity

A non-complying activity is one that the plan specifically identifies as not complying with the zone rules or one that is not provided for by the plan at all. It's the second-most restrictive activity status under the Resource Management Act 1991, sitting just above 'prohibited' (which cannot be consented at all).

To grant a non-complying activity consent, the council must be satisfied that either the adverse effects on the environment will be minor, or the activity will not be contrary to the objectives and policies of the plan. This is known as the 'gateway test' — you need to pass through at least one of these gateways before the council can even consider granting consent.

Non-complying activity status signals that the plan does not anticipate or support this type of activity in the zone. While consent is possible, the bar is high and the process is typically more expensive and time-consuming. Notification (informing neighbours or the public) is more likely.

Examples include establishing an industrial activity in a residential zone, or building a dwelling in a zone reserved for rural production.

If your plans for a property would trigger a non-complying activity consent, approach with caution. The gateway test creates a significant hurdle, and there's no guarantee of approval. Getting specialist planning advice before purchasing is essential if your decision depends on obtaining this type of consent.

Also be aware that non-complying activity status can sometimes apply to properties through no fault of the owner — for example, when a plan change rezones land in a way that makes existing activities non-complying.

The district plan specifies which activities are non-complying in each zone. Check the relevant zone rules and activity tables on the council's website. For complex situations, engage a resource management consultant who can assess whether your proposal is likely to pass the gateway test.