Section 77C — Resource Management Act 1991: Certain activities to be treated as discretionary activities or prohibited activities

77C Certain activities to be treated as discretionary activities or prohibited activities (1) An application for a resource consent for an activity must, with the necessary modifications, be treated as an application for a resource consent for a discretionary activity if— (a) Part 3 requires a resource consent to be obtained for an activity and there is no plan or proposed plan, or no relevant rule in a plan or proposed plan; or (b) a plan or proposed plan requires a resource consent to be obtained for an activity, but does not classify the activity as controlled, restricted discretionary, discretionary, or non-complying under section 77B ; or (c) a rule in a proposed plan describes the activity as a prohibited activity and that rule has not become operative. (2) Prospecting, exploring, or mining for Crown owned minerals in the internal waters (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 ) of the Coromandel Peninsula, other than those prospecting, exploring, or mining activities set out in section 61(1A) of the Crown Minerals Act 1991 , must be treated as a prohibited activity. (3) An activity prohibited by section 105(2)(b) of the Historic Places Act 1993 must be treated as a prohibited activity. Sections 77A to 77D were inserted, as from 1 August 2003, by section 34 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.