Existing use Certificate

An Existing use Certificate provides you official confirmation that you have a legal right to carry out an existing activity, as set out in section 10 of the Resource Management Act 1991 (RMA). Under section 10 of the RMA, land may be used in a manner that contravenes a rule in the Southland District Plan if:

  • the land use was 'lawfully established' as a permitted activity before the rule in the SDP became operative; and
  • the effects of the land use are the same or similar in character, intensity and scale to those that existed before the rule in the SDP became operative;
  • the land use had not been discontinued for a continuous period of more than 12 months after the rule in the SDP became operative.

Existing use rights under section 10 do not apply to the reconstruction, alteration of, or extension to, any building that increases the degree to which the building fails to comply with any rule in the SDP. It is the applicant’s responsibility to provide evidence to us that the above requirements are met.

  • A full description of the activity for which existing use rights are claimed
  • Evidence that demonstrates the lawful establishment of the activity, and that the activity has continued to be lawful.
  • A full description of the character, intensity and scale of the effects of the activity, and how these are the same or similar to those at the time immediately before the activity most recently required a resource consent, i.e., before the SDP rule(s) became operative.
  • Confirmation that the use has been continuous since the time resource consent was required, or if the use has/had ceased for a period, this period should be clearly identified.
  • All necessary plans.
  • Certificate of title and registered interests for the application site/s.

Your application for an Existing use Certificate can be lodged with us via our online portal; via email to sdc@southlanddc.govt.nz; or in hard copy at a Council office.

Our preferred method of lodgement is via the online portal, however application forms are available for submitting via email or in hard copy.

You will also need to pay the relevant application fee as per our current fees and charges.

We will assess the information you provide to determine if the use or activity qualifies for an Existing use Certificate. If we need further information then we will contact you.

We will issue an Existing use Certificate within 20 working days of the date:

  • you submit your application, or
  • on which we receive further information, if requested.