Yes, a landscaper can legally carry out earthworks in New Zealand, but once those earthworks exceed certain thresholds — in depth, volume, or proximity to boundaries and structures — building consent may be required, and the work may need to be overseen or certified by a suitably qualified professional. Understanding where the lines are drawn can save you from costly mistakes or compliance headaches down the track.
What Counts as Earthworks?
Earthworks refers to any excavation, cutting, filling, or reshaping of land. This includes levelling a section for a new lawn, building retaining walls, creating terraces, digging drainage channels, or preparing ground for a driveway or patio. Landscapers routinely carry out all of these tasks — but the scale and location of the work determines whether it sits within permitted activity rules or requires formal consent.
When Is Building Consent Required?
Under the New Zealand Building Code and the Building Act 2004, certain earthworks are exempt from building consent under Schedule 1 of the Act. However, these exemptions have specific limits, and they can also be affected by your local council's district plan rules.
As a general guide, Schedule 1 exemptions typically cover earthworks that are:
- Less than 1.5 metres in depth (for excavations)
- Less than 1.5 metres in height (for retaining walls without surcharge loading)
- Not within a certain distance of boundaries, public spaces, or other structures
- Not in areas with known geotechnical hazards (such as unstable slopes, flood plains, or areas prone to liquefaction)
However, always confirm with your local council before starting work. Thresholds can vary depending on your district plan, the specific site conditions, and whether the land is subject to any overlays or hazard notices. What's exempt in one region may require consent in another.
For authoritative guidance, refer to MBIE Building Performance, which publishes detailed information on building consent requirements and Schedule 1 exemptions.
Retaining Walls: A Common Grey Area
One of the most common earthworks jobs a landscaper undertakes is building retaining walls. In NZ, retaining walls up to 1.5 metres high that don't support a surcharge (such as a driveway, building, or heavy load above) are generally exempt from building consent under Schedule 1 — but again, check with your council first.
Walls over 1.5 metres, or those retaining soil near a boundary or beneath a structure, will almost certainly require:
- A building consent
- Engineering design from a suitably qualified structural or geotechnical engineer
- Potentially, involvement from a Licensed Building Practitioner (LBP) for restricted building work
Your landscaper may be highly skilled at construction, but unless they hold an LBP licence in the relevant category, they cannot legally carry out or supervise restricted building work — which can include significant retaining structures.
Geotechnical and Drainage Considerations
Deeper earthworks can affect ground stability, drainage patterns, and neighbouring properties. NZ's Building Code clauses E1 (Surface Water) and B1 (Structure) are particularly relevant here. Poor earthworks can redirect stormwater onto neighbouring sections, undermine foundations, or destabilise slopes.
BRANZ provides research and guidance on best-practice construction in NZ conditions, including earthworks and drainage. For complex sites — especially those with clay soils, steep gradients, or high rainfall areas — a geotechnical engineer's assessment is strongly recommended before any significant digging begins.
What Can a Landscaper Do Without Consent?
For straightforward residential projects within the Schedule 1 thresholds, a competent landscaper can legally:
- Excavate and level garden areas
- Install low retaining walls (under 1.5 m, no surcharge)
- Lay drainage channels and soakage systems (though connecting to stormwater infrastructure may involve council requirements)
- Prepare ground for paths, patios, and garden features
- Carry out bulk earthmoving for landscaping purposes within permitted limits
Always ask your landscaper whether they've checked the consent requirements for your specific site before work begins.
Council and District Plan Rules Also Apply
Even where building consent isn't required, resource consent under the Resource Management Act (RMA) may be needed for larger earthworks. Many councils set limits on the volume of soil that can be moved (for example, no more than a certain number of cubic metres per year) without resource consent. Check with your local council's planning department — not just the building department — to make sure all bases are covered.
When to Call a Professional
You should engage a qualified specialist — beyond a general landscaper — when:
- Earthworks exceed 1.5 metres in depth or the retaining wall exceeds 1.5 metres in height
- The site has known geotechnical risks (steep slopes, soft ground, fill material, flood zones)
- Work is near boundaries, buildings, or underground services
- A building consent has been required by your council
- You need engineering sign-off for structural elements
A qualified landscaper with LBP registration, or one working alongside a structural engineer, is your best bet for larger projects. You can find experienced local landscapers and related tradespeople on tradedirectory.co.nz.
Licensed Building Practitioner (LBP)
