Resource Management Act 1991

Reclamations

245 Consent authority approval of a plan of survey of a reclamation

  • (1) The holder of every resource consent granted for a reclamation shall as soon as reasonably practicable after completion of the reclamation, submit to the consent authority for its approval a plan of survey in respect of the land that has been reclaimed.

    (2) The plan of survey referred to in subsection (1) shall be prepared in accordance with regulations made under the Cadastral Survey Act 2002 relating to survey plans within the meaning of those regulations, and shall show and define—

    • (a) the area reclaimed, including its location and the position of all new boundaries; and

    • (b) the location and size of the portion of any area which is required as a condition of a resource consent to be set aside as an esplanade reserve or created as an esplanade strip.

    (3) [Repealed]

    (4) A consent authority shall approve a plan of survey submitted to it under subsection (1) if, and only if, it is satisfied that—

    • (a) the reclamation conforms with the resource consent and any relevant provisions of any regional plan; and

    • (b) the plan of survey conforms with subsections (2) and (3) and the resource consent; and

    • (c) in respect of any condition of the resource consent that has not been complied with—

    (5) A regional council (as the consent authority) approves a plan of survey by—

    • (a) affixing its common seal to the plan of survey (or a copy of it); and

    • (b) having its chief executive sign and date a certificate stating that—

      • (i) the reclamation conforms with the resource consent and the relevant provisions of any regional plan; and

      • (ii) in respect of any condition of the resource consent that has not been complied with, a bond has been given under section 108(2)(b) or a covenant has been entered into under section 108(2)(d).

    (6) After signing the certificate referred to in subsection (5)(b), the consent authority shall forward a copy of that certificate to the relevant territorial authority.

    Section 245(2): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 245(2)(b): replaced, on 7 July 1993, by section 131(1) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 245(3): repealed, on 7 July 1993, by section 131(2) of the Resource Management Amendment Act 1993 (1993 No 65).

    Section 245(4)(c)(i): amended, on 17 December 1997, by section 49(a) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 245(4)(c)(ii): amended, on 17 December 1997, by section 49(b) of the Resource Management Amendment Act 1997 (1997 No 104).

    Section 245(5): replaced, on 1 October 2009, by section 125(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

    Section 245(6): amended, on 1 October 2009, by section 125(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).