Whether you're planning a new retaining wall, reshaping your section, or planting a hedge along the boundary, it's worth checking whether your landscaping project needs a resource consent before you pick up a spade. In New Zealand, resource consent requirements are set by your local council's District Plan (or Unitary Plan, in Auckland), so the rules vary depending on where you live and what you're planning to do.
What Is Resource Consent and Why Does It Matter?
Resource consent is permission from your local council to carry out an activity that could affect the environment or neighbouring properties. It sits under the Resource Management Act 1991 (RMA) and is separate from a building consent, which relates to the Building Act and the NZ Building Code. Some landscaping projects may need both — or neither — depending on the scope of work.
Getting this wrong can be costly. Councils can require you to undo unauthorised work, and you may face fines or complications when you sell your property.
Common Landscaping Activities That May Trigger Resource Consent
Not every garden project needs approval, but the following are common triggers:
- Earthworks and land disturbance — Moving large volumes of soil, cutting into slopes, or filling low-lying areas often has thresholds in District Plans. Many councils allow minor earthworks (e.g. up to 50–100 m³ or a certain depth) as a permitted activity, but anything beyond that may need consent.
- Retaining walls — Walls over a certain height (commonly 1.5 m, but this varies by council) may need a building consent and, in some cases, a resource consent if they affect drainage or neighbouring land.
- Vegetation removal — Removing trees or vegetation in a notable tree schedule, significant natural area, or riparian margin almost always requires resource consent. Check your council's GIS maps.
- Impervious surfaces — Adding large areas of concrete, paving, or decking can affect stormwater runoff. Many District Plans set limits on how much of your site can be covered.
- Works near waterways — Any landscaping within a setback distance of a stream, river, lake, or wetland is likely to be a restricted discretionary or non-complying activity under the RMA.
- Boundary fences and walls — Height limits apply in most zones; exceeding them may need consent.
- Earthworks on steep or unstable land — Councils in hilly areas (Wellington, Dunedin, parts of Auckland) often have strict rules about earthworks on slopes due to landslide risk.
How to Find Out What Rules Apply to Your Property
The best starting point is your local council's website, where you can usually find:
- Your District Plan or Unitary Plan — Search for the zone your property sits in (residential, rural, coastal, etc.) and look up earthworks, vegetation, and impervious surface rules.
- GIS or property viewer tools — Most councils offer online maps showing overlays such as flood plains, notable trees, heritage areas, and natural hazard zones.
- Pre-application meetings — Many councils offer a free or low-cost pre-application service where a planner will tell you upfront whether your project needs consent. This is well worth doing for larger projects.
You can also check MBIE Building Performance for guidance on when building consents are required alongside resource consents — for example, for retaining walls and decks.
Resource Consent vs Building Consent: What's the Difference?
| Resource Consent | Building Consent | |
|---|---|---|
| Governed by | Resource Management Act 1991 | Building Act 2004 |
| Issued by | Local council (planning team) | Local council (building team) |
| Focuses on | Environmental and land use effects | Structural safety and Building Code compliance |
| Common triggers | Earthworks, tree removal, impervious surfaces | Retaining walls over certain heights (varies by site conditions), structures |
Some projects need both. A large retaining wall, for instance, may need a building consent for structural safety and a resource consent if it exceeds earthworks thresholds or affects a neighbour's land.
Schedule 1 Exemptions Under the Building Act
For building consents specifically, Schedule 1 of the Building Act lists work that is exempt — such as low retaining walls and small garden structures. However, these exemptions do not override resource consent requirements under the RMA. Always confirm with your council, as exemptions can depend on your specific site conditions.
Covenants and Other Restrictions
Even if your council doesn't require consent, your property may be subject to a covenant on the title (registered on your certificate of title) that restricts landscaping, earthworks, or vegetation removal. Check your title documents or ask your solicitor.
Some properties in newer subdivisions also have design guidelines administered by a body corporate or developer that set rules about fencing, planting, and hard surfaces.
When to Call a Professional
If your project involves significant earthworks, is near a waterway, involves removing large or notable trees, or sits in a sensitive overlay (flood plain, coastal, heritage), it's strongly advisable to:
- Engage a qualified landscaper who understands local council rules and can design your project to stay within permitted activity thresholds — or manage the consent process for you. You can find experienced local landscapers on tradedirectory.co.nz.
- Consult a resource management planner for complex sites or if you've received a notice from your council.
- Talk to a Licensed Building Practitioner (LBP) if structural work like retaining walls is involved — check LBP for the register.
For guidance on healthy outdoor environments and sustainable landscaping, BRANZ is a useful NZ research resource.
Licensed Building Practitioner (LBP)
