Section 245 — Resource Management Act 1991: Consent authority approval of a plan of survey of a reclamation

245 Consent authority approval of a plan of survey of a reclamation (1) The holder of every resource consent granted for a reclamation shall as soon as reasonably practicable after completion of the reclamation, submit to the consent authority for its approval a plan of survey in respect of the land that has been reclaimed. (2) The plan of survey referred to in subsection (1) shall be prepared in accordance with regulations made under the Survey Act 1986 relating to survey plans within the meaning of those regulations, and shall show and define— (a) The area reclaimed, including its location and the position of all new boundaries; and (b) The location and size of the portion of any area which is required as a condition of a resource consent to be set aside as an esplanade reserve or created as an esplanade strip. (3) [Repealed] (4) A consent authority shall approve a plan of survey submitted to it under subsection (1) if, and only if, it is satisfied that— (a) The reclamation conforms with the resource consent and any relevant provisions of any regional plan; and (b) The plan of survey conforms with subsections (2) and (3) and the resource consent; and (c) In respect of any condition of the resource consent that has not been complied with— (i) A bond has been given under section 108(2)(b) ; or (ii) A covenant has been entered into under section 108(2)(d) . (5) The consent authority's approval of a plan of survey submitted to it under subsection (1) shall be given— (a) Where the reclamation is a restricted coastal activity, by the Minister of Conservation— (i) Signing the plan of survey (or a copy of it); and (ii) Signing and dating a certificate stating that— (A) The reclamation conforms with the coastal permit and the relevant provisions of the regional coastal plan; and (B) In respect of any condition of the coastal permit or resource consent that has not been complied with, a bond has been given under section 108(2)(b) or a covenant has been entered into under section 108(2)(d) : (b) Where the reclamation is not a restricted coastal activity, by— (i) The regional council affixing its common seal to the plan of survey (or a copy of it); and (ii) The chief executive of the regional council signing and dating a certificate stating that— (A) The reclamation conforms with the resource consent and the relevant provisions of any regional plan; and (B) In respect of any condition of the resource consent that has not been complied with, a bond has been given under section 108(2)(b) or a covenant has been entered into under section 108(2)(d) . (6) After signing the certificate referred to in subsections (5)(a)(ii) or (5)(b)(ii) , the consent authority shall forward a copy of that certificate to the relevant territorial authority. Subsection (2)(b) was substituted, as from 7 July 1993, by section 131(1) Resource Management Amendment Act 1993 (1993 No 65). Subsection (3) was repealed, as from 7 July 1993, by section 131(2) Resource Management Amendment Act 1993 (1993 No 65). Subsections (4)(c), (5)(a)(ii)(B) and (5)(b)(ii)(B) were amended, as from 17 December 1997, by section 49(a) Resource Management Amendment Act 1997 (1997 No 104) by substituting the expression “ 108(2)(b) ” for the expression “ 108(1)(b) ” . They were further amended by s 49(b) of that Act by substituting the expression “ 108(2)(d) ” for the expression “ 108(1)(c) ” . See section 78 of that Act as to the transitional provisions. Subsection (5)(b)(ii) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “ chief executive ” for the words “ principal administrative officer ” . See sections 273 to 314 of that Act as to the savings and transitional provisions.