Section 127 Applications

Change of Cancel existing Resource Consent Conditions


If you already have an approved resource consent from the Council, but have found that the conditions are now redundant, or cannot be fulfilled for some reason, the Resource Management Act 1991 (RMA) allows you to apply to vary or cancel the existing consent conditions.


You can apply to vary the conditions on any RMA approval including:


  • A land-use consent
  • A subdivision consent
  • Regional permits


What is the Process?


In most cases the process for applying for variation or cancellation of consent conditions is quite straight forward. The Council will require the following:


  • Completed application form
  • An Assessment of Environmental Effects (AEE) clearly outlining what conditions are changing and why
  • Any specialist reports required that are related to the change in condition. For example, if you are wishing to change a condition around geotechnical requirements, the Council will require some statement from a geotechnical engineer assessing the changes
  • A recent Certificate of Title (CT)
  • Application Plans (if relevant) clearly highlighting the changes proposed. For example, the roof design may have changed
  • Payment of the application deposit (currently $3000)


Section 127 applications are discretionary activities overall, but the Council must only focus on what is changing and whether that has any additional adverse effects on the environment or people.


Why use a Planning Consultant?


Urban Planning Consultants has a lot of experience preparing and lodging s127 applications. The benefits we can bring are:


  • An understanding of how the Council likes to see the information presented
  • A thorough and clear AEE showing the conditions to be changed or deleted
  • Clear knowledge of the Auckland Unitary Plan and RMA to ensure that any matters raised by the Council remain on track and linked to the s127 application.


Ultimately, we can assist with getting your s127 application approved with a minimum of fuss and with faster turn around times than if you tried to do this yourself or used another professional such as an architect.


Please contact us today via the details below, if you’re needing help to change your consent conditions.





Section 127: Frequently Asked Questions

Got a question? We’re here to help.

  • What is a Section 127 application, and when is it necessary for those with approved resource consents in Auckland?

    A Section 127 Application relates to variation or cancellation of existing conditions of consent on a resource consent.  These applications allow individuals with existing resource consents to apply for changes or cancellations of specific consent conditions that are no longer relevant or feasible for a development.

  • Can you provide examples of situations where changing or canceling consent conditions might be necessary in Auckland?

    Situations that might require an application include changes in project or building design, alterations to geotechnical requirements, or other unforeseen circumstances that make specific consent conditions redundant or unachievable.

  • Is the application process in Auckland generally straightforward, or are there complexities to be aware of?

    In most cases, the process is relatively straightforward. However, it's essential to provide clear documentation and justification for the proposed changes. The council assesses whether the changes have any additional adverse effects on the environment or people.  If the prior approval was processed on a publicly or limited notified basis this will add complexity as the consent authority will need to have particular regard to whether the changes have any further effects on those original submitters.

  • Why is it recommended to use a planning consultant for Section 127 applications in Auckland?

    Planning consultants have a solid understanding of how the council prefers information to be presented. They can provide a well-structured AEE, ensure compliance with the Auckland Unitary Plan and RMA, and maintain alignment with the application throughout the process.  They can also provide solid planning grounds for the condition changes and why the application should be approved.

  • Can you provide insight into the role of the Auckland Unitary Plan and the Resource Management Act in reviewing applications for this section?

    A Section 127 application is primarily focused on any effects that might arise from the change or cancellation of consent conditions.  However, the objectives and policies of the Auckland Unitary Plan are also relevant, and if there have been plan changes which change those objectives and policies, the s127 application will have to show that any changes are consistent with those plan outcomes.

  • Can an application relate to multiple consent conditions, or should each change be processed separately?

    A Section 127 application can address multiple consent conditions as long as they are related. This could include a landuse consent, subdivision consent, water permit or discharge permit.  Combining changes into a single application can be more efficient.