There's a common assumption that resource consents are the primary tool under New Zealand's Resource Management Act 1991 (RMA). But two underutilised mechanisms — Certificates of Compliance (Section 139) and Existing Use Certificates (Section 139A) — can offer effective alternatives.
Key benefits
These certificates provide four main advantages:
- Certainty during reform: With the RMA replacement underway, locking in existing rights now provides protection against future rule changes
- Confirmed permitted activity status: A Certificate of Compliance confirms that your activity is permitted without requiring resource consent approval
- Building Act alignment: Certificates facilitate alignment with Building Act requirements, streamlining parallel processes
- Subdivision simplicity: For permitted activities, these certificates can streamline subdivision processes
Context and timing
Government RM Reform bills are expected before Christmas 2025, with enactment targeted before the late 2026 elections. This 18–24 month transition window presents a significant opportunity for landowners and developers to lock in rights now through these mechanisms.
Our recommendation
For projects involving development, subdivision, or existing operations, these certificates provide simplicity and confidence — especially during periods of economic and regulatory uncertainty. Whether you're looking to confirm existing use rights or establish permitted activity status for a new project, it's worth exploring these options before the legislative landscape shifts again.