Transitional Consenting
Transitional consenting: changes to how we assess resource consents
New laws passed by central Government are changing how councils assess resource consents. The Planning Act 2026 will eventually replace the Resource Management Act 1991 (RMA). Until then, a set of temporary changes to the RMA, called transitional consenting, applies to applications lodged from Friday 30 October 2026.
The biggest change is a new list of matters that councils must disregard when assessing a land use consent (section 104(1A) of the RMA). They include outdoor living space, the size of a residential unit and views from private property. Some Selwyn District Plan rules are only about these matters, so we can no longer take them into account.
Selwyn District Council is adapting to these changes alongside the development community. We are working with other councils and bodies to apply them consistently. The changes will affect each district plan differently, depending on how its rules are written.
What we no longer assess
For land use consent applications lodged on or after 30 October 2026, we will not:
- assess the matters in the table below
- ask you for information about them
- treat a neighbour as affected because of them
- set conditions about them.
The first five rows apply to residential activities only, and not where historic heritage is involved.
| Matter we must disregard | District Plan provisions affected | What we still assess |
|---|---|---|
Area of glazing | MRZ-REQ7.1 (windows to street); the glazing parts of GRZ-REQ8.1, LRZ-REQ8.1, SETZ-REQ8.1 and LLRZ-REQ6.1 | Where windows are placed, for neighbours' privacy |
Whether a balcony is provided | GRZ-REQ11.1.f, LRZ-REQ11.1.f, SETZ-REQ11.1.f; GRZ-REQ12.1.h, LRZ-REQ12.1.h, SETZ-REQ12.1.h; CMUZ-MAT2.6.b | Effects on neighbouring sites, such as shading |
| Outdoor living space on your site | MRZ-REQ8; GRZ-REQ9, LRZ-REQ9, SETZ-REQ9; GRZ-REQ12.1.e, LRZ-REQ12.1.e, SETZ-REQ12.1.e; minor unit clauses GRZ-R3.1.e, LRZ-R3.1.e, LLRZ-R3.1.e, SETZ-R3.1.e; GIZ-R2.2(b); CMUZ-MAT2.2; RESZ-P8; RESZ-MAT2(2); RESZ-MATB; orientation of outdoor areas in DEV-PR3, DEV-RO10, DEV-RO11, DEV-RO16 and DEV-RO18 | Shading of neighbours' outdoor areas; privacy and overlooking effects of your outdoor living space on neighbours |
| Internal layout (which rooms go where) | Room placement parts of GRZ-REQ8.1, LRZ-REQ8.1, SETZ-REQ8.1 and LLRZ-REQ6.1; room access parts of GRZ-REQ12.1.h, LRZ-REQ12.1.h, SETZ-REQ12.1.h and SETZ-R3.1.e; CMUZ-MAT2.2 | Site layout and where the building sits |
| Size (floor area) of a residential unit | Minor residential unit 70m² limit: GRZ-R3.1.b, LRZ-R3.1.b, LLRZ-R3.1.b, SETZ-R3.1.b, GIZ-R2.1(b); 90m² limit: GRUZ-R6.1.a; GRUZ-P3.1 | Whether the unit is a minor residential unit (self-contained, ancillary to the main house and in the same ownership); the number of units; height, setbacks and building coverage |
| Views from private property (all activities) | GRAZ-R1.2(a)(iv), GRAZ-R2.2(a)(iv), GRAZ-R3.2(a)(iii) | Landscape character and views from public places |
The table shows the clearly affected provisions, but it is not a complete list. Some provisions are partly affected. For example, we disregard the minimum landscaped area (20 percent in MRZ-REQ10.1) and the front yard landscaping requirement, but still assess planting, trees and permeability.
For retirement villages, we disregard outdoor living space and the location of bedrooms and living areas (GRZ-REQ13.1.d and e, LRZ-REQ13.1.d and e, SETZ-REQ13.1.d and e). We check other provisions case by case.
For all activities, we must also disregard:
- effects on trade competition and retail distribution
- whether a project is in demand or financially viable
- the type of people who will live in a new development.
We still assess height, setbacks, recession planes, building coverage, shading, privacy and the bulk of buildings. We read "size of a residential unit" as floor area only.
Permitted activity notices
While the rules in the table stay in the District Plan, breaching them still means you need resource consent. The RMA now offers an alternative (section 104AA).
Where the only rules a proposal breaches are about the residential matters in the table, the Council can issue a written notice confirming the activity is permitted. You would then not need resource consent. An example is a new house that meets every rule except the minimum outdoor living space standard.
Issuing a notice is at the Council's discretion. If your proposal also breaches a rule that is still in scope, you will still need consent for that. A notice lapses after five years if the activity has not been given effect to.
Staff can issue notices only once councillors delegate that power to us. We are asking for this on Wednesday 11 November 2026. Until then, we will process these proposals as resource consents and disregard the out-of-scope matters.
We expect most notices to come through building consent applications, as part of our planning check. Once we have the delegation, we will also set up a process for issuing notices outside building consent applications. We do not expect many of these, especially once the District Plan is changed.
If you have already lodged a resource consent application that qualifies, the law says we must return it once a notice is issued. We will charge for the work done up to that point and refund any unused deposit.
If your application was lodged before 30 October 2026
The law requires applications lodged before Friday 30 October 2026 to be assessed under the RMA as it was before these changes, even if no decision has been made.
To benefit from the new provisions, you need to withdraw your application and lodge a new one. We will not ask for a new deposit, so processing can start straight away.
There are no other cost concessions. You will be charged for the work already done on your original application as well as the new one. Relodging means a small amount of work is done twice, and the Council and the community still expect us to recover our processing costs.
In your cover letter, please explain why you are relodging and which new provisions you expect to benefit from. Your new application will get a new reference number, and the processing timeframe starts again.
Talk to your processing planner before you decide. Continuing may be quicker, but the decision could then include conditions about matters that are now out of scope, such as outdoor living space.
If you already have a resource consent
If your consent has conditions about matters that are now out of scope, such as outdoor living space or landscaped area, you can apply under section 127 of the RMA to:
- change or cancel those conditions
- change your approved plans.
We expect the out-of-scope matters to be disregarded when we assess these applications, but this is not yet confirmed by legal advice. Please email planningupdates@selwyn.govt.nz before you apply. Our usual fees for section 127 applications apply.
Building consents and PIMs
Some building consents and project information memorandums (PIMs) come with a section 37 certificate under the Building Act 2004. A section 37 certificate means building work cannot start until resource consent is granted.
If the only District Plan rules your project breaches are about the out-of-scope matters, you still need resource consent for now. You will not need it once we issue a written notice under section 104AA confirming the activity is permitted, or once the District Plan is changed. Email planning.technicians@selwyn.govt.nz and we will check whether a notice is an option for you.
To change the plans for a building consent that has already been issued, apply for a minor variation or amendment in the usual way. If you have a PIM only, you will need to apply for a new PIM.
What happens next
Changes to the District Plan are decided by Selwyn District councillors, not Council staff. We expect to take a report to councillors in December 2026 recommending that they remove the provisions in the table.
The new law lets the Council do this without a full plan change (section 76A of the RMA). If councillors agree, breaching these rules would no longer trigger the need for consent. The report will also discuss the partly affected provisions and explain why we are not recommending changes to them.
We are also looking at whether we can mark affected provisions in the District Plan so they are easier to find.
Where the law is less clear, we will watch and wait. Councils across the country are working through the same questions, and national guidance is still developing. We want to see how these provisions are interpreted elsewhere before recommending further changes. We will update this page as things change.
Why we are taking care
Section 18B of the RMA asks councils to keep consent documents short and in plain language, ask only for the information a decision needs, and be practical. We support this and are reviewing our templates, information requests and reports with it in mind.
Where the law is clear, we apply it firmly. Where it can be read more than one way, the Council carries the legal risk of getting it wrong:
- a neighbour could challenge a decision if we disregard something we should have assessed
- an applicant could challenge one if we assess something the law says to disregard.
Either way, the cost falls on the Council and ultimately on ratepayers, and the applicant faces delay and uncertainty. We record the interpretation we relied on in every decision.
Talk to us
There will be a settling-in period as we all adjust, and we want to work through it constructively with the development community. Real applications are the best way to test how the new provisions work.
If you have a proposal in a grey area, or think we have drawn the line in the wrong place, please talk to us before you lodge. We are especially interested in:
- upper floor windows and privacy
- outlook from neighbouring properties
- noise effects on outdoor living areas
- landscape strips and buffers next to residential areas
- accommodation for particular groups, such as students, staff or seasonal workers
- retail activity outside town centres
- subdivision rules about outdoor living space and planting for future houses.
Email planningupdates@selwyn.govt.nz or book a pre-application meeting through our usual process. You can also use the email address to share legal or planning advice on how the provisions should be read.
For questions about an application already lodged, talk to your processing planner.
Last updated 5 November 2026