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What property rights do we have

10 August 2010

AUTHOR:Kevin Birch

We would all like to think that we are allowed to do whatever we like on our own land as long as it does not create unreasonable nuisance to others. Unfortunately that is not the way it works. We are all constrained by a vast array of rules, regulations, and legislation that inhibit or limit our property rights. And we are all expected to be aware of these rules to ensure that we do not act illegally. And to keep up to date with rule changes. 

District or City Plans contain rules which establish activities that are permitted on your property, and activities which require a Resource Consent. Different zones (eg, Rural or Residential) will clearly allow different activities. Activities that are permitted generally must comply with certain standards. For example, a house in a residential zone will be permitted but must comply with certain height controls and provide for certain open space areas around the house. 

These Plans are generally not particularly simple and you may require professional assistance if you are applying for a consent. Birch Surveyors staff are well trained and familiar with these Plans, as they form the basis of many consents that we have obtained for clients. These include a wide range of activities such as subsidiary dwellings, restaurants, packhouses, packing sheds, motels, processing plants in rural areas, and dispensations from a variety of rules across most zones.

So if you are contemplating a new activity or building and have been advised that you will need a consent, give our team a call.