Resource Management Act 1991

371 Provisions deemed to be regional rules

• (1) A provision of a district scheme or a combined scheme under the Town and Country Planning Act 1977 that is deemed by section 370 to be a provision of a regional coastal plan shall also be deemed to be—

  • (a) a regional rule in respect of a controlled activity where, under the district scheme or combined scheme, the provision provided for specified controls and powers in respect of any controlled use within the meaning of the Town and Country Planning Act 1977:

  • (b) a regional rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for approval as a conditional use within the meaning of the Town and Country Planning Act 1977:

  • (c) a regional rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for dispensation from any provisions of the scheme in accordance with section 76 of the Town and Country Planning Act 1977—

  and the provisions of this Act shall apply accordingly.

  (2) Any determination by the Minister of Fisheries described in section 370(2)(b) shall be deemed to be a regional rule having the effect of making marine farming within the meaning of the Marine Farming Act 1971 a prohibited activity in any areas specified in that determination.

  (2A) Any declaration by the Minister of Fisheries described in section 370(2)(d) shall be deemed to be a regional rule having the effect of making spat catching—

  • (a) a controlled activity, when the person carrying on the activity requires exclusive occupation of the area specified in the determination; or

  • (b) a permitted activity, in every other case.

  (3) Except as provided in subsections (1) and (2), sections 368 and 369 shall apply in respect of regional coastal plans as if every reference in those sections to—

  • (a) a regional plan, were a reference to a regional coastal plan; and

  • (b) section 368(1), were a reference to section 370(1); and

  • (c) subject to section 370(4), section 65, were a reference to section 64; and

  • (d) a discharge permit, were a reference to a coastal permit to do something that would otherwise contravene section 15.

  (4) Where any former district scheme or combined scheme provided, in accordance with section 36(7) of the Town and Country Planning Act 1977, that any application or class of application could be made without notice, that provision shall continue to apply.

  (5) Subsections (1) to (4) shall apply, with all necessary modifications, in respect of a provision of any proposed district scheme or combined scheme or maritime planning scheme, or any change, review, or variation, under the Town and Country Planning Act 1977 that has been publicly notified before the date of commencement of this Act and to any variation, publicly notified under section 378(1).

  Section 371 heading: amended, on 7 July 1993, by section 168 of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 371(1)(c): replaced, on 7 July 1993, by section 168(1) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 371(2A): inserted, on 7 July 1993, by section 168(2) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 371(3)(c): replaced, on 7 July 1993, by section 168(3) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 371(3)(d): inserted, on 7 July 1993, by section 168(3) of the Resource Management Amendment Act 1993 (1993 No 65).

  Section 371(5): inserted, on 7 July 1993, by section 168(4) of the Resource Management Amendment Act 1993 (1993 No 65).