Planning a backyard makeover, levelling your section, or building a retaining wall? Before you hire a digger or start shifting soil, it's worth knowing that some landscaping work in New Zealand requires council consent — and getting it wrong can be costly. The rules vary by council and site, but there are clear national thresholds to guide you.
Resource Consent vs Building Consent — What's the Difference?
There are two main types of consent you might need for landscaping work:
- Resource consent is required when your project affects the environment, neighbours, or natural features — such as moving large volumes of soil, working near waterways, or breaching rules in your local District Plan.
- Building consent is required for structures like retaining walls above certain heights, or drainage work that connects to the stormwater or wastewater network.
Some projects need both. Your local council is the first place to check, but understanding the basics will help you ask the right questions. MBIE Building Performance has clear guidance on when building consent is required under the Building Act 2004.
Earthworks: When Does Moving Soil Need Consent?
Earthworks means any cutting, filling, levelling, or excavation of land. Most District Plans set thresholds — often based on the volume of soil moved or the area disturbed — beyond which resource consent is required. Common triggers include:
- Moving more than a set volume of soil (thresholds vary by council — some set limits as low as 50m³, others higher)
- Earthworks within a certain distance of a waterway, wetland, or coastal area
- Work on steep slopes or land identified as erosion-prone
- Sites with notable trees, heritage features, or ecological overlays
Because these thresholds differ across the country, always check your local District Plan or ring your council's duty planner before you start. Many councils now have online planning maps where you can look up your property.
Retaining Walls: Height Matters
Retaining walls are one of the most common landscaping structures that require building consent. Under the NZ Building Code and Schedule 1 of the Building Act, retaining walls that retain more than 1.5 metres of ground generally require building consent. However:
- Walls retaining less than 1.5m may be exempt, but only if they don't affect the stability of a building or neighbouring property, and there's no surcharge (e.g. a driveway or structure) above them
- Tiered walls built close together to avoid the height threshold can still require consent if they act as a single retaining system
- Walls near boundaries may also need resource consent under your District Plan
If your wall is engineered (using concrete blocks, timber, or piles), it's worth getting a Licensed Building Practitioner (LBP) involved. You can find licensed practitioners at LBP.
Drainage and Stormwater Changes
Altering how water drains off your property can have big implications for neighbours and the wider stormwater network. Connecting to or modifying the stormwater or wastewater system is restricted building work and must be carried out by a licensed drainlayer registered with the Plumbers Gasfitters & Drainlayers Board.
Even if you're not connecting to the network, redirecting surface water so it flows onto a neighbour's property can create legal liability. If your landscaping significantly changes natural drainage patterns, check with your council whether resource consent is needed.
Working Near Waterways and Sensitive Areas
NZ's Resource Management Act (RMA) places strong protections on waterways, wetlands, and the coastal environment. If your property is near a stream, river, or lake, earthworks within the riparian setback (often 10–20 metres from the water's edge, but check your District Plan) will almost certainly need resource consent. BRANZ provides useful technical guidance on site drainage and land stability that's worth reading before planning work near waterways.
Notable Trees and Vegetation Removal
Many councils have notable tree schedules or vegetation protection rules in their District Plans. Removing or significantly pruning a protected tree without consent can result in substantial fines. Before removing any large or mature trees, check your council's GIS maps or District Plan.
Quick Reference: Common Landscaping Tasks
| Task | Likely Consent Required? |
|---|---|
| Garden beds, planting, lawn | No |
| Minor earthworks (small volumes, flat land) | Usually no — check District Plan |
| Large earthworks / significant cut and fill | Often yes — resource consent |
| Retaining wall under 1.5m (no surcharge) | Usually exempt — confirm with council |
| Retaining wall over 1.5m | Yes — building consent |
| Connecting to stormwater/wastewater | Yes — licensed drainlayer required |
| Removing a notable/protected tree | Yes — resource consent |
| Work near a waterway | Often yes — resource consent |
When to Call a Professional
For straightforward garden landscaping, a competent homeowner can do a lot themselves. But for anything involving significant earthworks, retaining walls over 1 metre, drainage changes, or sensitive sites, it's strongly advisable to engage a qualified professional. A registered landscape architect or experienced landscaping contractor will know your local council's rules and can manage the consent process for you.
For retaining walls and drainage, you may also need a structural engineer and a Licensed Building Practitioner. Drainage connections to the public network must legally be done by a licensed drainlayer — no exceptions.
You can find qualified, vetted local landscapers and tradespeople on tradedirectory.co.nz to help you plan and execute your project safely and legally.