Resource consent

The Tairāwhiti Resource Management Plan (TRMP) encompasses Gisborne District Council's resource management regulations, addressing regional policies, coastal plans, and district plans. Aimed at ensuring sustainable development and environmental protection, the TRMP establishes ‘rules’ for various aspects such as air and water quality, coastal protection, urban areas, flood zones, natural resources management, hazardous substances, and physical resources. The Gisborne District Council enforces the TRMP through monitoring and compliance tools, including abatement notices, infringement notices, prosecutions, and the issuing of resource consents to permit activities not permitted by the Plan (TRMP).

To find out what you can do on your property, first you need to know the zone and all the relevant overlays it is in. Each property has a zone within the Tairāwhiti Resource Management Plan (TRMP).This is  a rule book to manage how different parts of our District are used, developed and protected in a sustainable manner. You can find what zone your property is in by searching your address in our GIS Maps.

Finding your Property Zone

Please see the following steps:

• Open maps here.
• Start typing your address or legal description in the search bar on the right-hand side of the screen.
• Click on your full address or legal description to select it when it appears in the left-hand side.
• Click the layers and then on the planning information to know the relevant zone and overlays.
• Once you identify the zoning of your property, please see the following TRMP rule chapters for area-based provisions.
• Go to relevant chapter according to your relevant zone.

Each zone chapter sets out a description and expectation for the zone, objectives, policies and rules (in that order). The rules set out bulk and location requirements for buildings and tell you what types of activities are allowed in your zone.

Additional Rules to Check

• Activities shall comply, where relevant, with the regional or district rules and general standards specified in C3.14 Coastal Environment Overlay, C4 Cultural and Historic Heritage, C5 Environmental Risks, C6 Freshwater, C7 Land Management, C8 Natural Hazards, C9 Natural Heritage, C10 Subdivision, C11 General Controls.
• National Environmental Standards and National Policy Statements would also be relevant according to the type and scale of your proposal.

Papa Kainga and Marae Settlements

If your site is a specified Māori Land, regardless of the zone, there is Papa Kainga rules in TRMP that you need to comply with (refer from p.75). The general zone rules will not apply for the Māori Land.

• The Tairāwhiti Resource Management Plan (TRMP) lays out a list of General Standards that all activities are required to meet, in order to be deemed ‘permitted’ and therefore exempt from a resource consent. In the TRMP, the general standards are found above the rule’s tables. They provide a synopsis to the rules.
• A resource consent is required if you cannot comply with the General Standards, or if a rule for your activity specifically states a consent is required.
• Activities shall comply, where relevant, with the regional or district rules and general standards specified in C3.14 Coastal Environment Overlay, C4 Cultural and Historic Heritage, C5 Environmental Risks, C6 Freshwater, C7 Land Management, C8 Natural Hazards, C9 Natural Heritage, C10 Subdivision, C11 General Controls.

Zone rules in addition to minimum site area:

• In Residential Zones, principal dwellings (>60m²) on front sites (adjacent to road) must have a 2m setback from side and rear boundaries and a 4.5m setback from the front boundary.
• Rear properties require a 3m setback from all boundaries.
• In Rural Zones, dwellings must be 4.5m from all boundaries. There are also specific rules for the Rural Lifestyle and Rural Production zones, and activities close to vineyards, piggeries and plantation forestry.
• Dwellings located in a residential zone and within the reticulated services boundary require services for stormwater, wastewater disposal, water, electricity/telecom, and vehicular access.
• Dwellings located in rural zones will require onsite stormwater management, onsite wastewater disposal, potable water supply, and vehicular access.
• In Residential Zones, the total coverage of the site by structures must not exceed 35%.
• All structures must comply with height-in-relation-to-boundary (AKA height recession) to avoid shading neighbouring properties. For height calculations, contact the Duty Planner.
• Non-compliance options: Seek neighbour approval or obtain Resource Consent.

Servicing Area:

• Each dwelling-unit, on sites comprising more than one dwelling-unit, shall be provided with 15m² of exclusive outdoor service area, which shall be screened from adjoining sites and outdoor living spaces and exclude any area set aside for outdoor living space.

Building Consent:

• All dwellings (new or relocated) require Building Consent under the Building Act 2004.

Second hand dwellings:

• Re-erection of second-hand dwelling units are permitted if the original Code of Compliance Certificate for completion was issued not more than 10 years prior to the date of re-erection and all the other general standards are also complied with.  If the original Code of Compliance Certificate for completion was issued more than 10 years prior to the date of re-erection Resource Consent approval is required to be obtained.

Special exceptions:

• Front yards on Awapuni Road between Grey Street and Customhouse Street must be 4.5m.
• Residential Lifestyle Zone: All yards 4.5m.
• Eaves, porches, bay or box windows, steps and chimneys may be located 0.6m within any yard area.
• Yard distances shall not be applied between a minor dwelling and the principal dwelling erected on the site.
• All yards adjacent to the Waikanae Stream must be 20m from the mean high water springs line.

Existing use rights:

• If there was a lawfully established house/dwelling on the site and was removed due to any natural hazard or any other reason, and if you want to build a house within the same footprint and height then the existing use rights would apply.
• Existing use rights will not apply if the extend of non-compliance is increased.
• Existing Use rights cease to exist after the land use has been discontinued for 2 years.

Zone rules in addition to minimum site area:

• In Residential Zones (excluding the residential lifestyle zone), minor dwellings (<60m²) on front sites (adjacent to road) must have a 2m setback from side and rear boundaries and a 4.5m setback from the front boundary.
• Rear properties require a 3m setback from all boundaries.
• There are no provisions for minor dwellings in rural zones, therefore they are just considered another dwelling whereby the site must comply with the minimum site area requirements to allow for 2 dwellings. All structures are required to be 4.5m from all boundaries in all rural zones. There are also specific rules for the Rural Lifestyle and Rural Production zones, and activities close to vineyards, piggeries and plantation forestry. It should also be noted that 2 dwellings connected to the same onsite wastewater system requires a regional discharge to land consent.
• Minor dwellings located in a residential zone and within the reticulated services boundary require services for stormwater, wastewater disposal, water, electricity/telecom, and vehicular access.
• In Residential Zones, the total coverage of the site by structures with roofs must not exceed 35%. Site coverage calculations can exclude eaves.
• All structures must comply with height-in-relation-to-boundary (AKA height recession) to avoid shading neighbouring properties. For height calculations, contact the Duty Planner.
• Non-compliance options: Seek neighbour approval or obtain Resource Consent.

Building Consent:

• All dwellings (minor and principal) require a Building Consent under the Building Act 2004.
• Building Consent permits the structure, while Resource Consent permits the development.

Zone rules in addition to minimum site area:

• Accessory structures in Residential Zones must have a minimum setback of 1m from side and rear boundaries and 1.5m from the front boundary.
• In Rural Zones, accessory structures (and all structures) must be set back 4.5m from all boundaries.
• Using an accessory structure for tradesperson materials is allowed within a 25m² limit. See rule DD1.6.1(4) of the TRMP.
• In Residential Zones, the total coverage of the site by structures with roofs must not exceed 35%. Site coverage calculations can exclude eaves.
• All structures must comply with height-in-relation-to-boundary (AKA height recession) to avoid shading neighbouring properties. For height calculations, contact the Duty Planner.
• Non-compliance options: Seek neighbour approval or obtain Resource Consent.
• If your site falls under Commercial, Industrial, or Reserve zoning, contact the Duty Planner for guidance.

Building Consent:

• Most accessory structures (depending on size and if the structure has plumbing) require Building Consent under the Building Act 2004.
• Building Consent permits a safe structure, while Resource Consent permits development.
• Contact the Duty Building Officer to confirm Building Consent requirements.

Fences:

• The Fencing Act 1978 defines a fence as a structure along boundaries, including gates, culverts, channels, natural or artificial watercourses, live fences, ditches, or raised ground, separating lands of adjoining occupiers.
• The Fencing Act 1978 outlines rights and obligations for neighbours building or upgrading a fence on a common boundary. Generally, if one wants to build a fence on a common boundary with their neighbour, or upgrade an existing one, they can expect the neighbour to go halves on the bill for an “adequate” fence. That is, one that is “reasonably satisfactory” for the purpose it is intended to serve. Neighbours are encouraged to discuss their plans with each other before they start putting in the fenceposts. A fencing agreement can be entered into, covering fence details like height, materials, and cost. If no agreement, a fencing notice can be served, allowing the neighbour 21 days to object. Failure to object implies agreement. Disputes may proceed to mediation, arbitration, Disputes Tribunal, or District Court, with costs borne by the parties involved. Council is not involved in any fencing agreements or any payment disputes relating to fences.
• The District Plan permits fences on or within a legal boundary in all residential zones to the maximum height of 2m.  To exceed the 2m height you will need to obtain the affect neighbours written approval or seek resource consent approval.

Other aspects:

Commercial/ Industrial/Reserve Zones

• If you are planning to build on a site within any Commercial/ Industrial/ Reserve Zone, Contact Duty Planner for planning assessment.

Designated land

• Contact Duty Planner if you are planning your project on a designated land, because you may need to submit an Outline Plan.

Māori land

• If your site is a specified Māori Land, regardless of the zone, there is Papa Kainga rules in TRMP that you need to comply with. The zone rules do not apply for the Māori Land.

Can I have a home occupation on my property?

• A home occupation is defined as a business conducted within a residential site by a permanent resident and must be secondary to residential use of the site. According to the Tairāwhiti Resource Management Plan (TRMP), it includes craft, business, trade or profession which is carried out in conjunction with and ancillary to a residential activity and can include bed-and-breakfast facilities.
• In residential zones, home occupations are permitted if standards are met, including limiting traffic to 8-10 vehicle movements per day (this is 4-5 people coming to the site daily) and prohibiting heavy vehicle parking. Outdoor storage shall not be visible from neighbouring sites, and the dwelling must maintain a residential character. Up to two non-resident full-time equivalents can be employed. Noting the home occupation cannot be the primary activity on the site, this still needs to be the residential activity.  Non-compliance with these standards requires a resource consent, addressing business scale, traffic, access safety, and hours of operation. For comprehensive information, visit the Gisborne District Council website or consult a Resource Management Consultant for application assistance.

Trees:

• There are no rules relating to trees in the General Residential Zone
• In the General Industrial and Rural Industrial B zone there are some landscaping conditions:
• Landscape maintenance, covering mulching, watering, and weed control, is mandated to ensure the survival or replacement of all trees and at least 80% of shrubs for two years after planting and maintained thereafter. Trees above car parks must not release substances damaging vehicle paintwork. Trees should not pose hazards to adjacent residential areas due to physical characteristics, pollen release, or overshadowing effects. The selection and location of tree species aim to minimize the impact on neighbouring properties.
• There are specific rules regarding trees/vegetation in the Rural Zone.  These can be found in the rules for each rural zone contained in DD4 of the TRMP.

Easements:

• Land Information New Zealand defines easements as rights allowing a landowner and another party to use land for a specific purpose, registerable against the property's title. These can be for the conveyance of services like water or power, or for the ability to access a site through a ‘right of way’ driveway.
• The land under the easement is the 'burdened land,' with easements either 'appurtenant to' (attached to) the 'benefited land' or 'in gross,' benefiting a specific person or corporation. The grantor, the registered owner of the burdened land, conveys the easement to the grantee, the owner of the benefited land or the entity benefiting from an easement in gross. Sections 107 to 115 of the Land Transfer Act 2017 govern easements.
• The Tairāwhiti Resource Management Plan (TRMP) does not contain rules on easements; their creation is a legal matter. Section 108 of the Land Transfer Act 2017 allows for the registration of easements using an easement instrument (EI) under section 109. The EI must include prescribed information from the Land Transfer Regulations 2018 and be executed by the grantor and grantee. Consent from the registered mortgagee of the burdened land is necessary before registering the easement instrument.
• While there are no rules on easements planners will check where the relevant easements are on a site at Building Consent stage. Therefore, please ensure your plans clearly show the structure or building outside of any easements.  Or for drainage plans ensure the drains are located within an easement for that purpose (if servicing a rear lot) or where the proposed easements are to be located if subdivision consent has been granted but the new titles have not been issued.
• Any issues arising from private easements (on private land and not a Council main) such as blocked access, maintenance costs for shared accessways, damaged pipes etc are civil matters and Council will not engage with any disputes.