Resource Management Amendment Act 1993
Resource Management Amendment Act 1993
Resource Management Amendment Act 1993
Resource Management Amendment Act 1993
| Public Act | 1993 No 65 |
| Date of assent | 7 July 1993 |
Note
This Act is administered in the Ministry for the Environment.
Contents
16 Certain existing lawful activities allowed [Repealed]
25 Power of waiver and to extend time limits [Repealed]
34 Contents of regional policy statements [Repealed]
44 Making an application [Repealed]
45 Applications to territorial authorities for resource consents where land is in coastal marine area
47 Further information may be required [Repealed]
48 Notification of applications [Repealed]
49 Applications not requiring notification [Repealed]
140 Notification of application [Repealed]
183 Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air
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
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(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
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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Subsections (8) and (10) were repealed, as from 1 August 2003, by section 96 Resource Management Amendment Act 2003 (2003 No 23).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
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
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[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
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
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[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
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[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
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[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
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[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
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[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
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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
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[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
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[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
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[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
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[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
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[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
58 Conditions of resource consents
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
This section amended s 166 of the principal Act and the Electricity Act 1992.
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
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
This section substituted sections 229 to 237, and inserted sections 237A to 237H, of the principal Act.
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
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[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
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
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
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
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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
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(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 |
Section 228 |
Schedule 2 |
Section 229 |
| Title | Statutory 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 |