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Auckland Council

Existing use certificate

An existing use certificate may be issued to prove that someone has a legal right to carry out an existing activity, as set out in sections 10, 10A, and 20A of the Resource Management Act 1991 (RMA).

What you need to know before applying for an existing use certificate

Under section 10 of the RMA, in some situations existing uses of land may continue even after a proposed plan makes those uses of the land unlawful.

The activity may continue only if:

  • it was 'lawfully established' as a permitted activity or had a resource consent at the time the rule was introduced or the proposed plan was notified
  • the effects of the land use are the same or similar to those that existed before the rule became operative or the proposed plan was notified
  • it had not been discontinued for a continuous period of more than 12 months after the rule in the plan became operative or the proposed plan was notified.

Existing use rights under section 10 do not apply to work on a building that fails to comply with any rule in a plan or proposed plan, where that work does not improve current compliance.

All types of existing use rights are set out in:

If you would like us to confirm whether you have existing use rights for an existing building or activity, you can apply for an existing use certificate.

Application fees for existing use certificate

Fees are indicative pricing only

Read fee table.
Description Lodgement deposit
Certificate of compliance, existing use, s224(C), outline plan, extension of time$1200

How to apply for an existing use certificate

 By email

​Email the completed application for existing use certificate form to onlineconsenting@aucklandcouncil.govt.nz.

 By post

​Send the completed application for existing use certificate form to:

Auckland Council
Private Bag 92300
Auckland 1142

 In person

​Bring the completed application for existing use certificate form to any one of our service centres.

​What happens next

Once you submit your application - specifying the character, intensity and scale of the use or activity - we may ask for more information.

If we are satisfied that the use or activity qualifies, we will issue the certificate within 20 working days.

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