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Apply for a land use (earthworks) resource consentTonoa tētahi whakaaetanga rawa taiao mō te whakamahinga whenua (ahuwhenua)

Find out how to apply for a land use resource consent to carry out earthworks, and what you need to supply with your application.

When you will need land use resource consent

A land use resource consent is required for land use activities that are not listed in the District Plan as Permitted Activities or if the District Plan specifically requires a land use consent for that activity.

This includes such things as:

  • building and alterations
  • earthworks (cutting or filling your site)
  • retail
  • commercial/industrial land uses
  • vegetation removal.

The Napier City Council Operative District Plan sets rules and standards to manage the effects of activities, buildings and development on the environment. Resource consent applications will be considered under both the Operative District Plan and any relevant sections of the Proposed District Plan until the Proposed District Plan becomes fully Operative. During this period, you should check both the Operative and the Proposed District Plans to fully understand the planning rules for the district. Please note that there are rules related to earthworks in the Proposed District Plan which took immediate legal effect when the plan was notified.

What you need to supply

What to include with your earthworks resource consent application:

1. Detailed plans, including:

  • a site plan(s) that shows the existing topography and where the proposed cut or fill will be carried out
  • elevations and cross sections of the proposed cut or fill
  • details of any proposed retaining structures
  • a plan showing the approximate volume and area of the earthworks
  • details of any cut or fill batters or both (including height of batter, depth of excavation or fill, slope of batter and extent)
  • details of any overland flow paths and the proximity of any streams/wetlands to the site
  • an erosion and sediment control plan (including the sizing and dimensions of any sediment control devices). For guidance on how best to manage your earthwork activity refer to Erosion and Sediment Control Guide for Land Disturbing Activities in the Auckland Region.

2. An assessment of environmental effects (AEE) of the earthworks, including:

  • an appropriate earthworks methodology, including details of the timing and duration of the earthworks and whether they are proposed to be staged, and if so, an explanation of each stage
  • how land stability on and next to the site will be maintained. If there is any risk of instability, include a geotechnical report
  • an assessment of the earthwork's potential sediment yield and visual effects, and proposed mitigation measures (including any proposed erosion and sediment control measures). The degree of detail required will be proportionate to the scale of the environmental effects of your proposal. If the earthworks activity or its scale has the potential to generate significant effects, a report by a professional advisor in support of your application may be required
  • details on how land stability on and next to the site will be maintained. If there is any risk of instability, a geotechnical report by a professional will be required
  • details showing how dust will be controlled
  • details of how earthworks material is to be transported to or from the site, and:
    • which off-site locations are involved
    • type of machinery to be used (including intended truck size)
    • proposed traffic management.

Contamination icon 3Earthworks on Contaminated Land
If you are planning to dig or disturb contaminated land for any reason, including testing, you need to notify us in writing before you start. To notify us, or find out if your land is potentially contaminated, call our duty planner on 06 835 7579 or send an email to with your consent number and property address in the subject line.

How to apply

Apply for a land use (earthworks) resource consent here

If there is no way to provide digital copies of your plans or documents, visit our Customer Service Centre. Our staff will accept your documents for an additional charge. The charge covers costs involved with us scanning your documents into our digital consent system.

Call us on 06 835 7579 to speak with duty planner if you have questions regarding your application.


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