Resource Management Act 1991

10 Certain existing uses in relation to land protected

(1)

Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if—

(a)

either—

(i)

the use was lawfully established before the rule became operative or the proposed plan was notified; and

(ii)

the effects of the use are the same or similar in character, intensity, and scale to those which existed before the rule became operative or the proposed plan was notified:

(b)

or—

(i)

the use was lawfully established by way of a designation; and

(ii)

the effects of the use are the same or similar in character, intensity, and scale to those which existed before the designation was removed.

(2)

Subject to sections 357 to 358, this section does not apply when a use of land that contravenes a rule in a district plan or a proposed district plan has been discontinued for a continuous period of more than 12 months after the rule in the plan became operative or the proposed plan was notified unless—

(a)

an application has been made to the territorial authority within 2 years of the activity first being discontinued; and

(b)

the territorial authority has granted an extension upon being satisfied that—

(i)

the effect of the extension will not be contrary to the objectives and policies of the district plan; and

(ii)

the applicant has obtained approval from every person who may be adversely affected by the granting of the extension, unless in the authority’s opinion it is unreasonable in all the circumstances to require the obtaining of every such approval.

(3)

This section does not apply if reconstruction or alteration of, or extension to, any building to which this section applies increases the degree to which the building fails to comply with any rule in a district plan or proposed district plan.

(4)

For the avoidance of doubt, this section does not apply to any use of land that is—

(a)

controlled under section 30(1)(c) (regional control of certain land uses); or

(b)

restricted under section 12 (coastal marine area); or

(c)

restricted under section 13 (certain river and lake bed controls).

(5)

Nothing in this section limits section 20A (certain existing lawful activities allowed).

(6)

[Repealed]

Section 10(1): replaced, on 7 July 1993, by section 7(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 10(2): amended, on 10 August 2005, by section 5 of the Resource Management Amendment Act 2005 (2005 No 87).

Section 10(2)(b)(i): amended, on 7 July 1993, by section 7(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 10(3): amended, on 7 July 1993, by section 7(3) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 10(5): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 10(6): repealed, on 1 October 2009, by section 8 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).