Section 9 — Resource Management Act 1991: Restrictions on use of land

9 Restrictions on use of land (1) No person may use any land in a manner that contravenes a rule in a district plan or proposed district plan unless the activity is— (a) Expressly allowed by a resource consent granted by the territorial authority responsible for the plan; or (b) An existing use allowed by section 10 or section 10A . (2) No person may contravene section 176 or section 178 or section 193 or section 194 (which relate to designations and heritage orders) unless the prior written consent of the requiring authority concerned is obtained. (3) No person may use any land in a manner that contravenes a rule in a regional plan or a proposed regional plan unless that activity is— (a) Expressly allowed by a resource consent granted by the regional council responsible for the plan; or (b) Allowed by section 20A (certain existing lawful uses allowed). (4) In this section, the word use in relation to any land means— (a) Any use, erection, reconstruction, placement, alteration, extension, removal, or demolition of any structure or part of any structure in, on, under, or over the land; or (b) Any excavation, drilling, tunnelling, or other disturbance of the land; or (c) Any destruction of, damage to, or disturbance of, the habitats of plants or animals in, on, or under the land; or (d) Any deposit of any substance in, on, or under the land; or (da) Any entry on to, or passing across, the surface of water in any lake or river; or (e) Any other use of land— and may use has a corresponding meaning. (5) In subsection (1) , land includes the surface of water in any lake or river. (6) Subsection (3) does not apply to the bed of any lake or river. (7) This section does not apply to any use of the coastal marine area. (8) The application of this section to overflying by aircraft shall be limited to any noise emission controls that may be prescribed by a territorial authority in relation to the use of airports. Subsection (1)(b) was amended, as from 7 July 1993, by section 6(1) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ section 10 or section 10A ” for the words “ section 10 (certain existing uses protected) ” . Subsection (2) was amended, as from 7 July 1993, by section 6(2) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ section 176 or section 178 or section 193 or section 194 (which relate to designations and heritage orders) ” for the words “ section 178 or section 194 (which relate to requirements for designations and heritage orders and prohibit the doing of certain things) ” . Subsection (3)(b) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “ 20A ” for the expression “ 20 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4)(da) was inserted, as from 7 July 1993, by section 6(3) Resource Management Amendment Act 1993 (1993 No 65) . Subsection (8) was inserted, as from 7 July 1993, by section 6(4) Resource Management Amendment Act 1993 (1993 No 65).