Section 153 — Resource Management Act 1991: Application of Order in Council

153 Application of Order in Council An Order in Council shall not apply to or affect— (a) Any application for a coastal permit made before the date on which the Order in Council came into force: (b) Any application, whether made before or after the date on which the Order in Council came into force, for a coastal permit to do something— (i) that otherwise would contravene section 14 , section 15 , section 15A , or section 15B ; or (ii) that otherwise would contravene section 12 (other than something described in section 152(1)(b) or (c) that is the subject of the Order in Council): (c) Any application to which any of sections 389 , 390 , 390A , 390C , 393 , and 395 apply: (d) Any application for a coastal permit to which section 124 applies and any coastal permit granted as a result of any such application: (e) Any of the following in force or being carried out on the date on which the Order in Council came into force: (i) Any coastal permit: (ii) Any lease, licence, permit, Order in Council, or approval described in section 425 or section 426 : (iii) Any permitted activity in the coastal marine area: (iv) Any other lawful activity. Paragraph (b)(i) was amended, as from 20 August 1998, by section 16 Resource Management Amendment Act 1994 (1994 No 105) by inserting the words “ or section 15A ” . See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209). Paragraph (b)(i) was amended, as from 20 August 1998, by section 33(1) Resource Management Amendment Act 1997 (1997 No 104) by amending the expression “ 15A and 15B ” for the expression “ and 15A ” . See clause 2 Resource Management Amendment Act 1997 Commencement Order 1998 (SR 1998/210). The amending authority incorrectly amended paragraph (c),

and it would appear that the intention was to substitute the words “ section 14 or section 15, or sections 15A and 15B ” for the words “ section 14 or section 15 or section 15A ” . Paragraph (b)(i) and (b)(ii) were substituted, as from 1 August 2003, by section 59 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Paragraph (b)(ii) was amended, as from 1 January 2005, by section 15(1) Resource Management Amendment Act (No 2) 2004 (2004 No 103) by substituting the words “ section 152(1)(b) or (c) ” for the words “ section 152(1)(a) to (c) ” . Paragraph (c) was amended, as from 7 July 1993, by section 81 Resource Management Amendment Act 1993 (1993 No 65) by inserting the expression “ 390A, 390C, ” . Paragraph (c) was amended, as from 1 January 2005, by section 15(2) Resource Management Amendment Act (No 2) 2004 (2004 No 103) by substituting the expression “ and 395 ” for the expression “ 395, and 397 ” . Paragraph (d) was substituted, as from 17 December 1997, by section 33(2) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions.