Section 373 — Resource Management Act 1991: Existing district and maritime schemes to become district plans
Text of the provision Official document
373 Existing district and maritime schemes to become district plans (1) Where any operative district scheme or combined scheme or maritime planning scheme under the Town and Country Planning Act 1977 is in force in respect of the whole or any part of a district immediately before the date of commencement of this Act, a district plan shall be deemed to be constituted for that district, which plan shall— (a) Include as provisions of the plan such of the provisions of those schemes as apply to the district; and (b) Be deemed to be operative from the date of commencement of this Act until it ceases to be operative in accordance with this Act. (2) Where any proposed district scheme, combined scheme, or maritime planning scheme, or any change, review, or variation under the Town and Country Planning Act 1977 in respect of the whole or part of a district has been publicly notified before the date of commencement of this Act, a proposed plan shall be deemed to be constituted for that district, except for the purposes of section 378 . (3) [Repealed] (4) Where, immediately before the date of commencement of this Act,— (a) No operative district scheme, combined scheme, or maritime planning scheme under the Town and Country Planning Act 1977 is in force; and (b) No proposed district scheme, combined scheme, or maritime planning scheme, or proposed change or variation, under that Act has been publicly notified—
in respect of any district, then, for the purposes of this Act every use of land within the meaning of section 9(4) shall be deemed to be a discretionary activity. Subsection (4) was amended, as from 7 July 1993, by section 169(3) Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “ and everything described in section 13(2) ” . Subsection (2) was substituted, as from 7 July 1993, by section 169(1) , Resource Management Amendment Act 1993 (1993 No 65). Subsection (3) was repealed, as from 7 July 1993, by section 169 Resource Management Amendment Act 1993 (1993 No 65).
Official source: legislation.govt.nz
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