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About holding a resource consent
A resource consent allows (subject to conditions) an activity that would otherwise be illegal. You are able to use the environment within the limits of the consent for no royalty charge, whether that is the water you take or the assimilative capacity of the water or air you discharge into. As a consent holder, you are now responsible for:
- complying with all the consent conditions
- paying all associated annual and monitoring charges
- notifying Environment Waikato of any changes to the consent holder details
- applying to change the consent to keep the conditions relevant should there be minor changes to your operation
- applying for a new consent should there be major changes to your activity or the consent expires.
Your resource consent is an important legal document. Keep your consent certificate in a safe place so you can refer to it when necessary.
Monitoring your activity
Environment Waikato monitors the exercise of resource consents and their effect on the environment. This is undertaken on a users pay basis.
Our staff may carry out compliance monitoring to check whether you are following your consent conditions, and also to check on the activity’s environmental impact. Some consents require the consent holder to monitor the activity themselves and forward the results of that monitoring to Environment Waikato.
If your activity is large scale or complex, it is likely that a combination of both types of monitoring will be required. You may be required to carry out tests or measurements as part of a monitoring programme or management plan, and Environment Waikato staff may also carry out independent monitoring of the site activities. Environment Waikato prioritises its monitoring and does not monitor all activities every year.
As a consent holder you are encouraged to contact Environment Waikato or call Environment Waikato's Resource Use Freephone 0800 800 402 in the following circumstances:
- if you are not able to comply or have a significant spillage to the environment. Let us know what you are doing to remedy the non-compliance and how it will be avoided in the future. (Your early advice to Environment Waikato and your cooperation will count in your favour, if the incident is considered for enforcement.)
- if you are unclear about the meaning of any conditions of your consent.
Find out about our region’s environment and how your activity may be affecting it.
Recording your water use
Water take and use consents have conditions that require consent holders to provide Environment Waikato with records of their water use.
You can now send us this information electronically. Find out more.
Following the rules
Your consent conditions are designed to help protect the Waikato region’s natural environment for other users, both now and in the future. If you do not follow the conditions of your consent you may:
Environment Waikato treats non-compliance seriously, so if you break our rules we may take enforcement action against you. You may be issued with an abatement notice that orders you to cease your activity or an infringement notice carrying a fine of up to $1000. In some cases we may prosecute. You may also be liable to a fine of up to $200,000 or 2 years jail.
Non-compliance usually ends up costing time, money and inconvenience for everyone involved.
Find out about the ecosystems in our region that may be affected by your activity.
Using your resource consent
Consent expiry
Most consents have expiry dates. The expiry date of your consent is on your consent certificate. You may carry out the activity authorised by your resource consent from the date the consent is granted until the date of expiry. You cannot change the expiry date of your consent.
Generally, the longest term that Environment Waikato can give a consent is a period of 35 years. The term of a consent depends on a range of factors, such as:
- likely effects (positive or negative) the activity may have on the environment
- past performance of the operator
- period of time requested by the applicant
- likelihood of changes to environmental standards or relevant policies.
You need to apply for a new consent if you wish to continue your activity after the expiry date. If you apply for a replacement consent at least 6 months before your current consent expires you may continue operating your activity until a new one is granted.
Find out more about applying for a resource consent, or print off a consent application form.
Contact us or call Environment Waikato’s Resource Use Freephone 0800 800 402 if you need to know when your resource consent will expire.
Consent exercise
Your consent automatically expires if you don’t exercise it (operate the activity authorised by your resource consent) within 5 years of it being granted, unless it states otherwise in the conditions or your consent. This is called 'lapsing' of the consent. You will have to apply for a whole new consent if you decide at a later date that you want to commence or continue your activity.
If a consent is exercised to begin with but then is not exercised for a continuous period of five years, Environment Waikato can cancel the consent by giving written notice to the consent holder. You are also still required to pay any applicable annual charges if you are not exercising your consent. This is because you have the right to start operating your activity at any time.
You can apply to Environment Waikato for an extension of your lapse period by writing to us with an explanation of the circumstances.
Contact us or call Environment Waikato’s Resource Use Freephone 0800 800 402 if you need to know when your consent commenced or do not think that your activity will start within the 5 year period.
Changing your consent
Consent details or conditions
You can apply to Environment Waikato to change the conditions or a specific detail of your consent at any time. You cannot change the expiry date of your consent.
For changes to consents that were not notified or did not receive submissions, this may be a simple process involving a short report by staff and an amendment to our records of your consent.
For consents that were subject to public or limited notification and received submissions, the process may involve obtaining agreement from the submitters or may even require a hearing.
Contact us first or call Environment Waikato’s Resource Use Freephone 0800 800 402 to discuss any changes to consent details or conditions. You can use the form below to apply to make a change to your resource consent. You can only view, print or copy this form, you cannot complete it online. Please post us your original signed form.
Application form to change a resource consent
Surrenders and transfers
You can arrange to surrender (cancel) your consent if you will no longer be undertaking the activity it authorises. You can also transfer your consent to another person or party if they will be operating the same activity at the same location. That transfer can involve the whole or part of a consent, and may be temporary or permanent.
Some points to remember
A transfer cannot be finalised without written notice of acceptance from the new owner. It is the current consent holder’s responsibility to make sure this is provided to Environment Waikato.
You should complete any remedial or required works before you surrender or transfer your consent.
You are liable for any non-compliance with your consent conditions prior to surrender or transfer.
You are liable for any consent related charges up to the time of surrender or transfer. Find out more about these annual and monitoring charges.
You cannot continue or restart your activity once your consent is surrendered or transferred.
Surrender and transfer forms
A resource consent is a legal document, and authorisation from the consent holder is required before it can be surrendered and transferred. In the case of a transfer this means the form needs to be signed by both the current and the new consent holder.
Use the forms below to surrender or transfer your resource consent. You can only view, print or copy these forms. You cannot complete them online. Please post us your original signed form.
Surrender form
Transfer form
Transfer of a water take permit to a new location
Transfer of mooring consent
Contact us or call Environment Waikato’s Resource Use Freephone 0800 800 402 if you would like us to post, fax or email a form to you, or if you would like monitoring results or information about your consent.
Investigating complaints
We will investigate any complaint that suggests an activity may be operating without resource consent or breaching its resource consent conditions. We will inspect the site, and may carry out tests or take samples.
If the complaint is justified, the offender will be charged for the travel, inspection and administration costs involved with our investigation. We will decide after this investigation whether enforcement action is required.
Report a pollution incident or illegal activityPlease let us know about any activity that may affect our region's coastal, water, soil or air resources. Use our online form to report the activity, or call Environment Waikato's Freephone 0800 800 401. Provide details about where and when the incident or activity took place and, if possible, the offender.
Find out more about complaints from the public about pollution in our region.