Existing Use Rights

What are Existing Use Rights?


Activities that have operated on a site for a long time are likely to have existing use rights. This means that they were established at a time when they were either a permitted activity under the district plan rules that applied at the time, or did not require a resource consent.


When the rules change in the district plan, and become more restrictive, the legality of existing uses can sometimes come in to question.


The Resource Management Act 1991 (RMA) allows the Council to issue an Existing Use Rights Certificate in such circumstances. These certificates confirm the agreement of the Council that the activity has been legally established.  These Certificates have the same status as a land-use consent.


Existing use rights only apply to use of land, they cannot be sought with respect to regional consenting matters like discharge permits.


What do I need to demonstrate to show existing use rights?


Section 10 of the RMA sets out the tests that must be met in order for a Council to issue an Existing Use Rights Certificate. These include:


  • Evidence that the activity was lawfully established prior to a more restrictive planning rule coming into force.


  • Confirmation that the effects of the use are the “same or similar in character, intensity and scale” to those which existed before the more restrictive rule came into force.


The older an activity is the more difficult it is likely to be to provide evidence of legal establishment. This is because an activity claiming existing use rights must not cease operations for a period of more than 12 months and evidence must be supplied demonstrating this continued operation.


Case Example

Mr Jones set up a general practice clinic within a residential zone in 1990. The site is occupied by a standard residential dwelling. During this time, other than himself, he has employed two other general practitioners within the building and had a small 1m2 sign along the street boundary advertising these services.


In 2020, the Council notifies a new plan change that changes the zoning of the site and makes operation of general practice clinics a restricted discretionary activity.


Mr Jones does not have any documents such as a landuse consent confirming that the GP clinic was lawfully established.

In order for the Council to confirm Existing Use Rights in this example, the following would need to be proven:


  • Evidence would need to be provided about the GP clinic still being in operation at the time of the new rule being introduced in 2020. This could include power bills or invoices relating to medical supplies which contained the company name, address, and date or photos of the site which are date stamped.


  • Evidence that the activity did not require a resource consent on the date the new planning rule was notified. This will involve reviewing the rules of the district plan prior to the 2020 notification date and confirming compliance with all standards.


  • Mr Jones would need to provide a written affidavit or other written evidence such as contracts confirming the number of employees working at the GP Clinic in 2020 and other details about the scale of the activity, such as hours of operation on that date. 


Urban Planning Consultants Can Help



Applying for Existing Use Rights Certificates can be quite a technical exercise and requires a good understanding of the district plan rules in operation both at the time of the application and prior.


It is worthwhile contacting a planning expert to prepare your application to make sure things run smoothly.


Urban Planning Consultants to help you with your application or with any advice about the potential to obtain an Existing Use Rights Certificate.


Please contact us on the details below today.



Existing Use Rights: Frequently Asked Questions

Got a question? We’re here to help.

  • What are Existing Use Rights, and why are they important for property owners and businesses in New Zealand?

    Existing Use Rights provide  legal protection  for activities established before more restrictive planning rules come into effect to continue.  This concept allows existing uses to continue without requiring a new resource consent every time the planning regime changes. They provide assurance to property owners and businesses that their operations can continue legally.

  • How do I know if my property or business qualifies for Existing Use Rights in NZ?

    If your property or business has been in operation for a significant period and complies with the planning rules that were in place at the time, it may qualify for Existing Use Rights.   As well as duration on the activity, you must also provide evidence that the activity has continued and not ceased for a period exceeding 12 months during its operation.  The intensity of the use must also remain the same for existing use rights to apply.

  • Can you explain the process of obtaining this certificate?

    To obtain a certificate, you need to provide evidence that your activity was legally established before more restrictive rules came into force. This includes demonstrating that the effects of your use have remained "same or similar in character, intensity, and scale" over time.  You must also prove that the activity has continuously operated since the more restrictive planning rules came into force.

  • What types of activities can qualify for Existing Use Rights in New Zealand?

    A wide range of activities, such as businesses, clinics, and various services, can potentially qualify, provided they meet the legal requirements.  Existing Use Rights can also apply to structures which may no longer comply with new planning rules such as height or setbacks.

  • Does the age of the activity affect the ability to claim Existing Use Rights?

    The older an activity is, the more challenging it can be to provide evidence of legal establishment. Continuous operation for over 12 months without significant changes is essential.

  • Can Urban Planning Consultants help with the process of obtaining an Existing Use Rights Certificate in New Zealand?

    Yes, they can provide  expert assistance by understanding district plan rules, assessing eligibility, and preparing a comprehensive application to streamline the process and increase the chances of success.

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