Resource Management Amendment Act 1993

Resource Management Amendment Act 1993

Public Act1993 No 65
Date of assent7 July 1993

Note

This Act is administered in the Ministry for the Environment.


Contents

Title


An Act to amend the Resource Management Act 1991

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Resource Management Amendment Act 1993, and shall be read together with and deemed part of the Resource Management Act 1991 (hereinafter referred to as the principal Act).

    (2) This Act shall come into force on the day on which it receives the Royal assent.

Part 1
Interpretation and application

2 Interpretation
  • This section amended s 2 of the principal Act.

    Subsections (8) and (10) were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

3 Meaning of effect
  • This section amended s 3 of the principal Act.

4 Person acting under resource consent with permission
  • This section inserted s 3A of the principal Act.

5 Act to bind the Crown
  • This section amended s 9 of the principal Act.

Part 2
Duties and restrictions under Act

6 Restrictions on use of land
  • This section amended s 9 of the principal Act.

7 Certain existing uses in relation to land protected
  • This section amended s 10 of the principal Act.

8 Certain existing activities allowed
  • This section inserted s 10A of the principal Act.

9 Restrictions on subdivision of land
  • This section amended s 11 of the principal Act.

10 Restrictions on use of coastal marine area
  • This section amended s 12 of the principal Act.

    Section 10(4) was repealed, as from 17 December 1997, by section 4(5) Resource Management Amendment Act 1997 (1997 No 104).

11 Restrictions on certain uses of beds of lakes and rivers
  • This section amended s 13 of the principal Act.

12 Restrictions relating to water
  • This section amended s 14 of the principal Act.

13 Discharge of contaminants into environment
  • This section amended s 15 of the principal Act.

14 Duty to avoid unreasonable noise
  • This section amended s 16 of the principal Act.

15 Duty to avoid, remedy, or mitigate adverse effects
  • This section amended s 17 of the principal Act.

16 Certain existing lawful activities allowed
  • [Repealed]

    This section amended s 20 of the principal Act.

    Section 16(1)(a) was repealed, as from 17 December 1997, by section 8(2) Resource Management Amendment Act 1997 (1997 No 104).

    Section 16 was repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

Part 3
Functions, powers, and duties of central and local government

17 Functions of Minister for the Environment
  • This section amended s 24 of the principal Act.

18 Information to be supplied to Minister for the Environment
  • This section amended s 27 of the principal Act.

19 Functions of Minister of Conservation
  • This section amended s 28 of the principal Act.

20 Information to be supplied to Minister of Conservation
  • This section inserted s 28A of the principal Act.

21 Functions of regional councils
  • This section amended s 30 of the principal Act.

22 Functions of territorial authorities under Act
23 Duties to consider alternatives, assess benefits and costs, etc
  • [Repealed]

    This section amended s 32 of the principal Act.

    Section 23 was repealed, as from 9 December 1994, by section 2(2) Resource Management Amendment Act (No 2) 1994 (1994 No 139).

24 Duty to gather information, monitor, and keep records
  • This section amended s 35 of the principal Act.

25 Power of waiver and to extend time limits
  • [Repealed]

    This section amended s 37 of the principal Act.

    Section 25 was repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

26 Authorisation and responsibilities of enforcement officers
  • This section amended s 38 of the principal Act.

27 Hearings to be public and without unnecessary formality
  • This section amended s 39 of the principal Act.

28 Persons who may be heard at hearing
  • This section amended s 40 of the principal Act.

29 Provisions relating to hearings
  • This section amended s 41 of the principal Act.

30 Reports to local authority
  • This section inserted heading and s 42A of the principal Act.

Part 4
Standards, policy statements, and plans

31 Regulations prescribing national environmental standards
  • [Repealed]

    This section amended s 43 of the principal Act.

    Sections 31 to 34 were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

32 Summary of submissions, notification, and conduct of hearing
  • [Repealed]

    This section substituted s 50 of the principal Act.

    Sections 31 to 34 were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

33 Matters to be considered and board of inquiry's report
  • [Repealed]

    This section amended s 51 of the principal Act.

    Sections 31 to 34 were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

34 Contents of regional policy statements
  • [Repealed]

    This section amended s 62 of the principal Act.

    Sections 31 to 34 were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

35 Preparation and change of regional coastal plans
  • This section amended s 64 of the principal Act.

36 Preparation and change of other regional plans
  • This section amended s 65 of the principal Act.

37 Regional rules
  • This section amended s 68 of the principal Act.

    Subsections (2) and (3) were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

38 Repealing provisions relating to rules about esplanade reserves on reclamation
  • This section repealed s 71 of the principal Act.

39 Preparation and change of district plans
40 District rules
  • Subsections (2) and (3) were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

41 Rules about esplanade reserves on subdivision and road stopping
  • This section substituted s 77 of the principal Act.

42 Withdrawal of proposed policy statements and plans
  • This section repealed s 78 of the principal Act.

43 Compensation not payable in respect of controls on land
  • This section amended s 85 of the principal Act.

Part 5
Resource consents

44 Making an application
  • [Repealed]

    Section 44 was repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

45 Applications to territorial authorities for resource consents where land is in coastal marine area
  • This section amended s 89 of the principal Act.

46 Distribution of application to other authorities
  • [Repealed]

    This section amended s 90 of the principal Act.

    Sections 46 to 49 were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

47 Further information may be required
  • [Repealed]

    This section amended s 92 of the principal Act.

    Sections 46 to 49 were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

48 Notification of applications
  • [Repealed]

    This section amended s 93 of the principal Act.

    Sections 46 to 49 were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

49 Applications not requiring notification
  • [Repealed]

    This section amended s 94 of the principal Act.

    Sections 46 to 49 were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.

50 Time limit for submissions
  • This section amended s 97 of the principal Act.

51 Hearing date and notice
  • This section amended s 101 of the principal Act.

52 Joint hearings by 2 or more consent authorities
  • This section amended s 102 of the principal Act.

53 Combined hearings in respect of 2 or more applications
  • This section amended s 103 of the principal Act.

54 Matters to be considered
  • This section substituted s 104 of the principal Act.

55 Decisions on applications
  • This section amended s 105 of the principal Act.

56 Subdivision consent not to be granted in certain circumstances
  • This section amended s 106 of the principal Act.

57 Restriction on grant of certain discharge permits
  • This section amended s 107 of the principal Act.

    Subsections (2) and (3) were repealed, as from 17 December 1997, by section 23(2) Resource Management Amendment Act 1997 (1997 No 104).

58 Conditions of resource consents
  • This section amended s 108 of the principal Act.

    Subsections (1) to (5) and (7) were repealed, as from 17 December 1997, by section 24(6)(a) Resource Management Amendment Act 1997 (1997 No 104).

59 Refund of money and return of land where activity does not proceed
  • This section amended s 110 of the principal Act.

60 Use of financial contributions
  • This section amended s 111 of the principal Act.

61 Obligation to pay rent and royalties a deemed condition
  • This section amended s 112 of the principal Act.

62 Decisions on applications to be in writing, etc
  • This section amended s 113 of the principal Act.

63 Time limits for notification of decision
  • This section amended s 115 of the principal Act.

64 When resource consent commences
  • This section amended s 116 of the principal Act.

65 Application to carry out restricted coastal activity
  • This section substituted s 117 of the principal Act.

66 Decision on application for restricted coastal activity
  • This section substituted s 119 of the principal Act.

67 Residual powers of regional council
  • This section inserted s 119A of the principal Act.

68 Right to appeal
  • This section amended s 120 of the principal Act.

69 Procedure for appeal
  • This section amended s 121 of the principal Act.

70 Consents not real or personal property
  • This section amended s 122 of the principal Act.

71 Lapsing of consents
  • This section amended s 125 of the principal Act.

72 Change or cancellation of consent condition on application by consent holder
  • This section amended s 127 of the principal Act.

73 Circumstances when consent conditions can be reviewed
  • This section amended s 128 of the principal Act.

74 Notice of review
  • This section amended s 129 of the principal Act.

75 Public notification, submissions, and hearing, etc
  • This section amended s 130 of the principal Act.

76 Decisions on review of consent conditions
  • This section amended s 132 of the principal Act.

77 Transferability of coastal permits
  • This section amended s 135 of the principal Act.

78 Transferability of discharge permits
  • This section amended s 137 of the principal Act.

79 Consent authorities to grant certificates of compliance
  • This section substituted s 139 of the principal Act.

Part 6
Coastal tendering

80 Order in Council may be made requiring holding of authorisation
  • This section amended s 152 of the principal Act.

81 Application of Order in Council
  • This section amended s 153 of the principal Act.

82 Effect of Order in Council
  • This section amended s 156 of the principal Act.

Part 7
Designations and heritage orders

83 Meaning of designation
84 Application to become requiring authority
  • This section substituted s 167 of the principal Act.

85 Notice of requirement to territorial authority
  • This section amended s 168 of the principal Act.

86 Notice of requirement by territorial authority
87 Recommendation by territorial authority
  • This section amended s 117 of the principal Act.

    Section 87(b) was repealed, as from 17 December 1997, by section 36(3) Resource Management Amendment Act 1997 (1997 No 104).

88 Notification of decision
  • This section amended s 173 of the principal Act.

89 Designation to be provided for in district plan
  • This section amended s 175 of the principal Act.

90 Effect of designation
  • This section amended s 176 of the principal Act.

91 Land subject to existing designation or heritage order
  • This section amended s 177 of the principal Act.

92 Interim effect of requirement
  • This section amended s 178 of the principal Act.

93 Appeals relating to sections 176 to 178
  • This section amended s 179 of the principal Act.

94 Transfer of rights and responsibilities for designations
  • This section substituted s 180 of the principal Act.

95 Alteration of designation
  • This section amended s 181 of the principal Act.

96 Removal of designation
  • This section substituted s 182 of the principal Act.

97 Repealing provisions relating to review of designations which have not lapsed
  • This section repealed s 183 of the principal Act.

98 Lapsing of designations which have not been given effect to
  • This section amended s 184 of the principal Act.

99 Lapsing of designations of territorial authority in its own district
  • This section inserted s 184A of the principal Act.

100 Meaning of heritage order
  • This section amended s 187 of the principal Act.

101 Application to become heritage protection authority
  • This section amended s 188 of the principal Act.

102 Notice of requirement to territorial authority
  • This section amended s 189 of the principal Act.

103 Notice of requirement by territorial authority
  • This section inserted s 189A of the principal Act.

104 Recommendation by territorial authority
  • This section amended s 191 of the principal Act.

105 Application of other sections
  • This section amended s 192 of the principal Act.

106 Land subject to existing heritage order or designation
  • This section inserted s 193A of the principal Act.

107 Interim effect of requirement
  • This section amended s 194 of the principal Act.

108 Removal of heritage order
  • This section amended s 196 of the principal Act.

109 Planning Tribunal may order land taken, etc
  • This section amended s 198 of the principal Act.

Part 8
Water conservation orders

110 Matters to be considered
  • This section amended s 207 of the principal Act.

111 Matters to be considered by Planning Tribunal
  • This section substituted s 212 of the principal Act.

112 Tribunal's report
  • This section substituted s 213 of the principal Act.

113 Effect of water conservation order
  • This section amended s 217 of the principal Act.

Part 9
Subdivision and reclamations

114 Meaning of subdivision of land
  • This section amended s 218 of the principal Act.

115 Information to accompany applications for subdivision consents
  • This section amended s 219 of the principal Act.

116 Condition of subdivision consents
  • This section amended s 220 of the principal Act.

117 Completion certificates
  • This section amended s 222 of the principal Act.

118 Approval of survey plan by territorial authority
  • This section amended s 223 of the principal Act.

119 Restrictions upon deposit of survey plan
  • This section amended s 224 of the principal Act.

120 Restrictions upon issue of certificates of title for subdivision
  • This section amended s 226 of the principal Act.

121 Savings in respect of cross leases, company leases, and retirement village leases
  • This section inserted s 226A of the principal Act.

122 Cancellation of prior approvals
  • This section amended s 227 of the principal Act.

123 Subdivision by the Crown
  • This section amended s 228 of the principal Act.

124 New sections substituted
125 Vesting of roads
  • This section amended s 238 of the principal Act.

126 Vesting of reserves or other land
  • This section amended s 239 of the principal Act.

127 Covenant against transfer of allotments
  • This section amended s 240 of the principal Act.

128 Amalgamation of allotments
  • This section amended s 241 of the principal Act.

129 Prior registered instruments protected
  • This section amended s 242 of the principal Act.

130 Survey plan approved subject to grant or reservation of easements
  • This section amended s 243 of the principal Act.

131 Consent authority approval of plan of survey of reclamation
  • This section amended s 245 of the principal Act.

132 Restrictions on deposit of plan of survey for reclamation
  • This section amended s 246 of the principal Act.

Part 10
Environment Court

133 Planning Tribunal sittings
  • This section amended s 265 of the principal Act.

134 Powers of Planning Judge sitting alone
  • This section amended s 279 of the principal Act.

135 Awarding costs
  • This section substituted s 285 of the principal Act.

136 Reference of questions of law to High Court
  • This section amended s 287 of the principal Act.

137 Appeal on question of law
  • This section amended s 299 of the principal Act.

Part 11
Declarations, enforcement, and ancillary powers

138 Scope and effect of declaration
  • This section amended s 310 of the principal Act.

139 Application for declaration
  • This section amended s 311 of the principal Act.

140 Notification of application
  • [Repealed]

    This section amended s 312 of the principal Act.

    Section 140 was repealed, as from 10 August 2005, by section 116(2) Resource Management Amendment Act 2005 (2005 No 87). See sections 131 to 135 of that Act as to the transitional provisions.

141 Scope of enforcement order
  • This section amended s 314 of the principal Act.

142 Compliance with enforcement order
  • This section amended s 315 of the principal Act.

143 Compliance with enforcement order
  • This section amended s 316 of the principal Act.

144 Decision on applicatio
  • This section amended s 319 of the principal Act.

145 Interim enforcement order
  • This section substituted s 320 of the principal Act.

146 Scope of abatement notice
  • This section amended s 322 of the principal Act.

147 Appeals
  • This section amended s 325 of the principal Act.

148 Cancellation of abatement notice
  • This section inserted s 325A of the principal Act.

149 Compliance with excessive noise direction
  • This section amended s 328 of the principal Act.

150 Emergency works and power to take preventive or remedial action
  • This section amended s 330 of the principal Act.

151 Resource consents for emergency works
  • This section inserted s 330A of the principal Act.

152 Reimbursement or compensation for emergency works
  • This section amended s 331 of the principal Act.

153 Power of entry for inspection
  • This section amended s 332 of the principal Act.

154 Content and effect of warrant for entry for search
  • This section amended s 335 of the principal Act.

155 Offences against this Act
  • This section amended s 338 of the principal Act.

156 Strict liability and defences
  • This section amended s 341 of the principal Act.

Part 12
Miscellaneous provisions

157 Service of documents
  • This section amended s 352 of the principal Act.

158 Notices and consents in relation to Maori land
  • This section substituted s 353 of the principal Act.

159 Crown's existing rights to resources to continue
  • This section amended s 354 of the principal Act.

160 Vesting of reclaimed land
  • This section amended s 355 of the principal Act.

161 Objections to certain decisions and requirements of consent authorities
  • This section amended s 357 of the principal Act.

162 Appeals against certain decisions or objections
  • This section amended s 358 of the principal Act.

163 Regulations
  • This section amended s 360 of the principal Act.

Part 13
Transitional provisions

164 Meaning of permission
  • This section amended s 364 of the principal Act.

165 Effect of this Act on existing schemes, consents, etc
  • This section amended s 366 of the principal Act.

166 Provisions deemed to be regional rules
  • This section amended s 369 of the principal Act.

167 Existing notices, bylaws, etc, to become regional coastal plans
  • This section amended s 370 of the principal Act.

168 Provisions deemed to be regional coastal rules
  • This section amended s 371 of the principal Act.

169 Existing district and maritime schemes to become district plans
  • This section amended s 373 of the principal Act.

170 Provisions deemed to be district rules
  • This section amended s 374 of the principal Act.

171 Transitional provisions for public utilities
  • This section amended s 375 of the principal Act.

172 Proceedings in relation to plans
  • This section amended s 378 of the principal Act.

173 Declarations
  • This section amended s 379 of the principal Act.

174 Return of property seized under Noise Control Act 1982
  • This section inserted s 382A of the principal Act.

175 Existing permissions to allow use of beds of lakes and rivers
  • This section inserted s 383A of the principal Act.

176 Existing permissions to become coastal permits
  • This section substituted s 384 of the principal Act.

177 Right of port companies to occupy coastal marine area
  • This section inserted s 384A of the principal Act.

178 Existing clean air permissions to become discharge permits
  • This section amended s 385 of the principal Act.

179 Existing rights and authorities under Water and Soil Conservation Act 1967
  • This section amended s 386 of the principal Act.

180 Existing geothermal licences and authorisations deemed to be water permits
  • This section amended s 387 of the principal Act.

181 New sections substituted
  • This section substituted sections 389 and 390, and inserted sections 390A to 390D, of the principal Act.

182 Resource consents following approval under Clean Air Act 1972
  • This section inserted s 391A of the principal Act.

183 Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air
  • This section amended s 392 of the principal Act.

184 Applications for Orders in Council to reclaim land and approval for harbour works
  • This section amended s 393 of the principal Act.

185 Repealing transitional provisions relating to setting aside of esplanade reserves on reclamation
  • This section repealed s 394 of the principal Act.

186 Applications for works, etc, in coastal marine area
  • This section amended s 395 of the principal Act.

187 Applications for marine farming in coastal marine area
  • This section amended s 396 of the principal Act.

188 Notification of lapsing, cancellation, or surrender of coastal permit for marine farming
  • This section inserted s 396A of the principal Act.

189 Notification of rule change affecting marine farming
  • This section inserted s 396B of the principal Act.

190 Applications received on same day
  • This section amended s 399 of the principal Act.

191 New sections substituted
  • This section substituted s 405 and inserted s 405A of the principal Act.

192 Grounds of refusal of subdivision consent
  • This section amended s 406 of the principal Act.

193 Subdivision consent conditions
  • This section amended s 407 of the principal Act.

194 Financial contributions for developments
  • This section amended s 409 of the principal Act.

195 Restriction on imposition of conditions as to financial contributions
  • This section amended s 411 of the principal Act.

196 Expiry of certain sections
  • This section repealed s 412 of the principal Act.

197 Current mining privileges to become deemed permits
  • This section amended s 413 of the principal Act.

198 Permits over land other than that of holders to be produced in Land Transfer Office
  • This section amended s 417 of the principal Act.

199 Uses of lakes and rivers not restricted by section 9
  • This section inserted s 417A of the principal Act.

200 Certain existing permitted uses may continue
  • This section amended s 418 of the principal Act.

201 Designations and requirements continued
  • This section amended s 420 of the principal Act.

202 Savings as to bylaws
  • (1) This subsection amended s 424 of the principal Act.

    (2) This subsection amended s 424 of the principal Act.

    Subsection (1) was repealed, as from 2 September 1996, by section 24(3) Resource Management Amendment Act 1996 (1996 No 160).

203 Leases, licences, and other authorities under Harbours Act 1950
  • This section amended s 425 of the principal Act.

204 Functions and powers in respect of activities on or in Lake Taupo
  • This section inserted s 425A of the principal Act.

205 Leases and licences executed under Marine Farming Act 1971
  • This section amended s 426 of the principal Act.

206 Deemed transfer of powers to former public bodies
  • This section amended s 427 of the principal Act.

207 Obligation to prepare proposed New Zealand coastal policy statement within 1 year
  • This section amended s 431 of the principal Act.

208 Obligation to prepare regional policy statements and coastal plans within 2 years
  • This section amended s 432 of the principal Act.

Part 14
Other provisions

209 Interpretation and time limits
  • This section amended clause 1 of Schedule 1 of the principal Act.

210 Requirements to be inserted prior to notification of proposed district plans
  • This section amended clause 4 of Schedule 1 of the principal Act.

    Subsection (2) was repealed, as from 17 December 1997, by section 68(3) Resource Management Amendment Act 1997 (1997 No 104).

211 Public notice and provision of document to public bodies
  • This section amended clause 5 of Schedule 1 of the principal Act.

212 New clauses substituted
  • This section substituted clauses 6, 7 and 8, and inserted clauses 8A to 8D, of Schedule 1 of the principal Act.

213 Recommendations and decisions on requirements
  • This section substituted clause 9 of Schedule 1 of the principal Act.

214 New clauses substituted
  • This section substituted clauses 10 and 11, and repealed clause 12, of Schedule 1 of the principal Act.

215 New clauses substituted
  • This section substituted clause 16, and inserted clauses 16A and 16B of Schedule 1 of the principal Act.

216 Final consideration of policy statements and plans other than regional coastal plans
  • This section amended clause 17 of Schedule 1 of the principal Act.

217 Consideration of regional coastal plan by regional council
  • This section amended clause 18 of Schedule 1 of the principal Act.

218 Ministerial approval of regional coastal plan
  • This section amended clause 19 of Schedule 1 of the principal Act.

219 Operative date
  • This section amended clause 20 of Schedule 1 of the principal Act.

220 New Part 2 of Schedule 1 substituted
  • This section substituted Part 2 (clauses 21 to 29) of Schedule 1 of the principal Act.

221 Matters relating to regions
  • This section added clause 7 of Part 1 of Schedule 2 of the principal Act.

222 Esplanade reserves and strips on reclamations
  • This section amended clause 1 of Part 2 of Schedule 2 of the principal Act.

223 Matters related to districts
  • This section amended clause 1 of Schedule 2 of the principal Act.

224 Creation of esplanade reserves or strips on subdivision of allotments
  • This section repealed clause 4, and substituted clause 5, of Part 2 of Schedule 2 of the principal Act.

225 Assessment of effects on environment
  • This section amended clause 1 of Schedule 4 of the principal Act.

226 Amendments to Part 1 of Schedule 8
  • This section amended Part 1 of Schedule 8 of the principal Act.

    Subsection (4) was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

227 Amendment to Part 2 of Schedule 8
  • This section amended Part 2 of Schedule 8 of the principal Act.

228 New Schedule 10 added
  • This section inserted Schedule 10 of the principal Act.

229 Transitional regulations revoked
  • This section revoked the Regulations listed in Schedule 2 of this Act.

230 Transitional provisions
  • (1) Where, on the commencement of this section,—

    • (a) An application in relation to a resource consent (including a change or a review of conditions of an existing consent); or

    • (b) A notice of requirement for a designation or heritage order; or

    • (c) An application to become a requiring authority or heritage protection authority; or

    • (d) A proposed policy statement, plan, change, or variation; or

    • (e) An application for a water conservation order—

    has reached the stage of a hearing having commenced or a decision having been made, the principal Act shall continue to apply to those matters as if this Act had not been passed.

    (2) Where, before the commencement of this section, a hearing has been completed in relation to a matter specified in paragraphs (a) to (e) of subsection (1) of this section and where, whether before or after the commencement of this Act, a decision or recommendation is made in relation to that matter, nothing in this Act affects the rights of objection conferred by section 357 of the principal Act and the rights of appeal conferred by the principal Act in relation to that matter, and any such objection or appeal may be lodged, considered, and completed as if this Act had not been passed.

    (3) Where the hearing of an appeal or objection has, before the commencement of this section, been commenced in relation to a matter specified in paragraphs (a) to (e) of subsection (1) of this section, the proceedings in relation to that appeal or objection shall be continued as if this Act had not been passed.

    (4) Where, before the commencement of this section, a decision or recommendation has been made in relation to any matter specified in paragraphs (a) to (e) of subsection (1) of this section and the time for lodging an appeal or making an objection in relation to that decision or recommendation has not expired on the commencement of this section, nothing in this Act affects the right of any person to lodge an appeal or make an objection within the time that would have been allowed under the principal Act if this Act had not been passed.

    (5) Where an appeal has been lodged or an objection has been made before the commencement of this section, but the hearing of that appeal or consideration of that objection has not commenced, or where an appeal is lodged or an objection is made within the time referred to in subsection (4) of this section, the appeal or objection shall be considered and completed under the principal Act as if this Act had not been passed.

    (6) Where, before the commencement of this section, an application for a subdivision consent has been made or a subdivision consent has been granted, all proceedings in relation to that subdivision, including the approval and deposit of any survey plan, shall be considered and completed under the principal Act as if this Act had not been passed.

    (7) Where, before the commencement of this section, any declaration or enforcement or abatement action under Part 12 of the principal Act has commenced, every such action shall be continued and completed (including any appeals) under the principal Act as if this Act had not been passed.

    (8) Nothing in this section limits the ability of any person to withdraw that person's application, notice, or proposal and recommence the application, notice, or proposal under the principal Act as amended by this Act.

    (9) Nothing in this section limits the ability of any person to withdraw any objection or appeal.

    (10) For the purposes of this section, the term appeal includes any reference to, or inquiry undertaken by, the Environment Court.

    The words Environment Court in subsection (10) were substituted, as from 2 September 1996, for the words Planning Tribunal pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160).

231 Regulations validated
  • Any action taken or decision made under any regulation set out in Schedule 2 to this Act is hereby declared to be, and to have always been, as valid as it would have been if the regulation had been included in the principal Act when the action was taken or the decision made.


Schedule 1
New Schedule 10 to principal Act

Section 228

Schedule 2
Regulations revoked

Section 229

TitleStatutory Regulations Serial Number
The Resource Management (Transitional Provisions) Regulations 1991...................................................................
1991/174
Part 4 of the Resource Management (Transitional, Fees, Rents and Royalties) Regulations 1991...................................................................
1991/206
The Resource Management (Transitional Provisions) Regulations (No 2) 1991...................................................................
1991/256
The Resource Management (Transitional Provisions) Regulations 1992...................................................................
1992/25
The Resource Management (Transitional Provisions) Regulations 1992, Amendment No 1...................................................................
1992/106
The Resource Management (Transitional Provisions) Regulations (No 2) 1992...................................................................
1992/107
The Resource Management (Transitional Provisions) Regulations (No 3) 1992...................................................................
1992/258