Section 393 — Resource Management Act 1991: Applications for Orders in Council to reclaim land and approval for harbour works

393 Applications for Orders in Council to reclaim land and approval for harbour works (1) Where, before the date of commencement of this Act, an application has been made under the Harbours Act 1950— (a) For an Order in Council under section 175(2) or section 175(3) of that Act to authorise reclamation of land, and a recommendation to the Governor-General in respect of the application has not been made under section 175 of that Act by the Minister of Transport or the Minister of Conservation or both; or (b) For approval under section 178(1)(b) or (2) of that Act to carry out harbour works, and approval of the application has not been given by the Minister of Transport or the Minister of Conservation or both— then the application shall be deemed to be an application for a coastal permit for such reclamation or harbour works and— (c) The Minister or Ministers shall as soon as practicable— (i) Endorse on every such application the date on which it was made; and (ii) Refer every such application and all information relevant to it to the relevant regional council; and (d) For the purposes of this Act (but without limiting section 399 ), the application shall be deemed to have been made to the appropriate regional council on the date that it is received by the regional council; and (e) In the case of an application for approval to carry out harbour works in respect of which— (i) An Order in Council under section 175(2) or section 175(3) of the Harbours Act 1950 has been made; or (ii) Before the date of commencement of this Act, under section 33 or section 102A or section 110 of the Town and Country Planning Act 1977, a consent relating to the harbour works the subject of the application has been granted or has been sought but has not been determined at that date; or (iii) The harbour works the subject of the application are, at the date of commencement of this Act, a permitted use under the provisions of any operative maritime planning scheme under the Town and Country Planning Act 1977 or under any proposed variation, change, or review of any operative maritime planning scheme under that Act which, at the date of commencement of this Act, has been publicly notified— the application shall not be notified in accordance with section 93 or notice of the application served in accordance with section 94 of this Act; and (f) Notwithstanding paragraph (e) , where the harbour works the subject of any such application are a restricted coastal activity (including a restricted coastal activity the subject of a direction in accordance with section 372 of this Act), the provisions of sections 117 to 119A shall apply except that the application shall not be notified and the Minister of Conservation shall be the only person who may make a submission on the application. (2) The granting of an application to which subsection (1) applies in accordance with this section— (a) Constitutes the granting of a resource consent of the appropriate kind under this Act notwithstanding that all requirements of this Act in relation to applications for, and the granting of, resource consents may not have been complied with; and (b) May be appealed against in accordance with this Act accordingly. (3) A person who, if this Act had not been enacted, had— (a) A right of appeal; or (b) A right to make any application for review—

in respect of any application to which subsection (1) applies or any decision thereon may continue to exercise that right. (4) Where, before the date of commencement of this Act,— (a) The Governor-General had authorised the reclamation of land by Order in Council under section 175(2) or (3) of the Harbours Act 1950; and (b) The Chief Surveyor had approved the survey plan as referred to in section 175B(4) of the Harbours Act 1950 (where such approval was a condition of the authority to reclaim)— then, notwithstanding anything in this Act, the Governor-General may vest the land in the grantee of the authority to reclaim (or any successor), by Order in Council under the Harbours Act 1950 as if this Act had not been enacted. Subsection (1)(b) was amended, as from 7 July 1993, by section 184(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the expression “ or (2) ” . Subsection (1)(e) was substituted, as from 7 July 1993, and subsection (1)(f) inserted by section 184(2) Resource Management Amendment Act 1993 (1993 No 65). Subsection (1)(e) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ or notice of the application served in accordance with section 94 ” after the expression “ section 93 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4) was inserted, as from 7 July 1993, by section 184(3) Resource Management Amendment Act 1993 (1993 No 65).