Restricted Discretionary Activity

A restricted discretionary activity sits in the middle of the Resource Management Act's activity classification system. Unlike a controlled activity, the council can decline your application. However, unlike a fully discretionary activity, the council can only assess your application against the specific matters listed in the plan — it cannot consider anything else.

This classification is common for building work that doesn't quite meet the permitted activity standards. For example, if your house design breaches the height-in-relation-to-boundary standard, the plan might classify this as a restricted discretionary activity with assessment limited to matters like shading effects on neighbours and visual dominance.

The restricted scope of assessment means the process is generally faster and more predictable than a fully discretionary assessment. You know exactly what the council will be evaluating, which helps you design your application to address those specific matters.

Many councils process restricted discretionary applications on a non-notified basis, especially for minor infringements of bulk and location standards. However, notification is possible if the council considers there may be affected parties.

Understanding whether your proposed changes to a property will trigger a restricted discretionary consent helps you assess the cost, timing, and risk involved. While these consents can be declined, well-prepared applications that directly address the specified assessment matters have a high success rate.

When buying a property with development plans, identify which standards you'll breach and what the activity status is for each infringement. This lets you budget for consent costs and assess the likelihood of approval.

The district plan lists the activity status for each type of infringement in each zone, along with the specific matters of discretion. Check the relevant zone rules and assessment criteria on the council's website. A pre-application meeting with the council planner (offered by most councils for a fee) can clarify the consenting pathway.