Section 389 — Resource Management Act 1991: Existing applications

389 Existing applications (1) Where— (a) An application had been made, before the date of commencement of this Act, for— (i) A permission (other than a permission referred to in subsection (2) ); or (ii) A licence or permit under any of sections 146A, 156, 162, and section 165 of the Harbours Act 1950 in relation to the coastal marine area; and (b) The application had not been granted, declined, or withdrawn before the date of commencement of this Act; and (c) If the permission, licence, or permit had been granted before the date of commencement of this Act it would have become a resource consent under any of sections 383 to 387 — the application shall be deemed, for the purposes of section 88 , to be an application for a resource consent of the appropriate kind; and, subject to sections 390 , 390A , 390B , and 390C , this Act shall apply accordingly. (2) This section shall not apply to any of the following: (a) An application for approval of a scheme plan of subdivision (to which section 404 applies); or (b) An application for an Order in Council to reclaim land or to carry out harbour works (to which section 393 applies); or (c) An application for an approval or a licence within the meaning of the Clean Air Act 1972 (to which sections 391 and 391A apply); or (d) An application for a lease or licence under the Marine Farming Act 1971 (to which section 397 applies). Section 389 was substituted, as from 7 July 1993, by section 181 Resource Management Amendment Act 1993 (1993 No 65).