Resource Management Act 1991

  • not the latest version
  • This version was replaced on 20 September 2017 to incorporate missing amendments from section 188 of the Resource Legislation Amendment Act 2017.
354 Crown’s existing rights to resources to continue

(1)

Without limiting the Interpretation Act 1999 but subject to subsection (2), it is hereby declared that the repeal by this Act or the Crown Minerals Act 1991 of any enactment, including in particular—

(a)

section 3 of the Geothermal Energy Act 1953; and

(b)

section 21 of the Water and Soil Conservation Act 1967; and

(c)

section 261 of the Coal Mines Act 1979,—

shall not affect any right, interest, or title, to any land or water acquired, accrued, established by, or vested in, the Crown before the date on which this Act comes into force, and every such right, interest, and title shall continue after that date as if those enactments had not been repealed.

(2)

Any person may take, use, dam, divert, or discharge into, any water in which the Crown has an interest, without obtaining the consent of the Crown, if the taking, use, damming, diversion, or discharge by that person does not contravene this Act or regulations.

(3)

Any person may use or occupy any part of the common marine and coastal area without obtaining consent, unless consent must be obtained under—

(a)

this Act; or

(b)

any other enactment; or

(c)

any instrument or order made under an enactment.

Section 354(1): amended, on 1 November 1999, pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).

Section 354(2): replaced, on 7 July 1993, by section 159 of the Resource Management Amendment Act 1993 (1993 No 65).

Section 354(3): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).