Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 187 — Meaning of heritage order and heritage protection authority
187 Meaning of heritage order and heritage protection authority In this Act— Heritage order means a provision made in a district plan to give effect to a requirement made by a heritage protection…
Section 188 — Application to become a heritage protection authority
188 Application to become a heritage protection authority (1) Any body corporate having an interest in the protection of any place may apply to the Minister in the prescribed form for approval as a…
Section 189 — Notice of requirement to territorial authority
189 Notice of requirement to territorial authority (1) A heritage protection authority may give notice to a territorial authority of its requirement for a heritage order for the purpose of…
Section 189A — Notice of requirement by territorial authority
189A Notice of requirement by territorial authority (1) A territorial authority may publicly notify, in accordance with section 93(2) , a requirement for a heritage order within its own district for…
Section 190 — Further information, public notification, submissions, and hearing
190 Further information, public notification, submissions, and hearing (1) Sections 92 , 92A , 92B , and 95 to 103 apply, with all necessary modifications, in respect of a requirement made under…
Section 191 — Recommendation by territorial authority
191 Recommendation by territorial authority (1) Subject to Part 2 , when considering a requirement made under section 189 , a territorial authority shall have regard to the matters set out in the…
Section 192 — Application of other sections
192 Application of other sections The following sections shall, with all necessary modifications, apply in respect of a requirement under section 189 or section 189A as if the heritage protection…
Section 193 — Effect of heritage order
193 Effect of heritage order Where a heritage order is included in a district plan then, regardless of the provisions of any plan or resource consent, no person may, without the prior written consent…
Section 193A — Land subject to existing heritage order or designation
193A Land subject to existing heritage order or designation (1) Subject to sections 9(3) and 11 to 15 , where a heritage order is included in a district plan, and the land that is the subject of the…
Section 194 — Interim effect of requirement
194 Interim effect of requirement (1) Where a heritage protection authority has given notice of a requirement for a heritage order during the period described in subsection (2) then, regardless of…
Section 195 — Appeals relating to sections 193 and 194
195 Appeals relating to sections 193 and 194 (1) Any person who— (a) Proposes to do anything in relation to land that is subject to a heritage order or requirement for a purpose which, but for the…
Section 196 — Removal of heritage order
196 Removal of heritage order Section 182 shall apply, with all necessary modifications, in respect of the removal of heritage orders as if— (a) A heritage protection authority was a requiring…
Section 197 — Compulsory acquisition powers
197 Compulsory acquisition powers (1) The acquisition of land by a heritage protection authority for the purposes of giving effect to a heritage order shall be deemed to be an acquisition of land, or…
Section 198 — Environment Court may order land taken, etc
198 Environment Court may order land taken, etc (1) Upon application made to the Environment Court by the owner of an estate or interest in land (including a leasehold estate or interest) that is…
Section 199 — Purpose of water conservation orders
199 Purpose of water conservation orders (1) Notwithstanding anything to the contrary in Part 2 , the purpose of a water conservation order is to recognise and sustain— (a) Outstanding amenity or…
Section 200 — Meaning of water conservation order
200 Meaning of water conservation order In this Act, the term water conservation order means an order made under section 214 for any of the purposes set out in section 199 and that imposes…
Section 201 — Application for water conservation order
201 Application for water conservation order (1) Any person may, upon payment of any prescribed fee, apply to the Minister for the making of a water conservation order in respect of any water body.…
Section 202 — Minister's obligations upon receipt of application
202 Minister's obligations upon receipt of application (1) After receipt of an application (and any further information required by the Minister) under section 201 and after making such inquiry in…
Section 203 — Special tribunal
203 Special tribunal (1) A special tribunal appointed under section 202 shall— (a) Comprise no fewer than 3, and no more than 5, members; and (b) Have a chairperson appointed either by the Minister…
Section 204 — Public notification of application
204 Public notification of application (1) As soon as practicable after its appointment, a special tribunal shall ensure that— (a) Notice of the application is published in— (i) A newspaper…
Section 205 — Submissions to special tribunal
205 Submissions to special tribunal (1) Any person may make submissions to the special tribunal about an application which is notified in accordance with section 204 . (2) Sections 37 , 96(2) and (4)…
Section 206 — Conduct of hearing
206 Conduct of hearing (1) The Minister shall, without delay, provide a special tribunal with the application in respect of which it has been appointed and any other relevant information received or…
Section 207 — Matters to be considered
207 Matters to be considered In considering an application for a water conservation order, a special tribunal shall have particular regard to the purpose of a water conservation order and the other…
Section 208 — Special tribunal to report on application
208 Special tribunal to report on application (1) As soon as reasonably practicable, a special tribunal shall prepare a report on the application for a water conservation order and give notice in…
Section 209 — Right to make submissions to Environment Court
209 Right to make submissions to Environment Court (1) Any of the following persons may make a submission to the Environment Court in accordance with subsection (2) in respect of the whole or any…
Section 210 — Environment Court to hold inquiry
210 Environment Court to hold inquiry If one or more submissions are lodged with the Environment Court in accordance with section 209 , the Environment Court shall conduct a public inquiry in respect…
Section 211 — Who may be heard at inquiry
211 Who may be heard at inquiry The following persons have the right to be heard in person or be represented by another person at an inquiry conducted by the Environment Court under section 210 : (a)…
Section 212 — Matters to be considered by Environment Court
212 Matters to be considered by Environment Court In conducting its inquiry, the Environment Court shall have particular regard to the purpose of a water conservation order and the other matters set…
Section 213 — Court's report
213 Court's report (1) On completion of its inquiry, the Environment Court shall make a report to the Minister recommending that the special tribunal's report be rejected, or accepted with or without…
Section 214 — Making of water conservation order
214 Making of water conservation order (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make a water conservation order in respect of any water body. (2)…
Section 215 — Minister's obligation to state reasons for not accepting recommendation
215 Minister's obligation to state reasons for not accepting recommendation If a special tribunal reports under section 208 , or the Environment Court recommends under section 213 , that a water…
Section 216 — Revocation or variation of order
216 Revocation or variation of order (1) Until the expiration of 2 years after the date a water conservation order is made under section 214 (or under the corresponding provision of any former…
Section 217 — Effect of water conservation order
217 Effect of water conservation order (1) No water conservation order shall affect or restrict any resource consent granted or any lawful use established in respect of the water body before the…
Section 218 — Meaning of subdivision of land
218 Meaning of subdivision of land (1) In this Act, the term subdivision of land means— (a) The division of an allotment— (i) By an application to a District Land Registrar for the issue of a…
Section 219 — Information to accompany applications for subdivision consents
219 Information to accompany applications for subdivision consents [Repealed] Paragraph (c) was amended, as from 7 July 1993, by section 115(1) Resource Management Amendment Act 1993 (1993 No 65) by…
Section 220 — Condition of subdivision consents
220 Condition of subdivision consents (1) Without limiting section 108 or any provision in this Part, the conditions on which a subdivision consent may be granted may include any one or more of the…
Section 221 — Territorial authority to issue a consent notice
221 Territorial authority to issue a consent notice (1) Where a subdivision consent is granted subject to a condition to be complied with on a continuing basis by the subdividing owner and subsequent…
Section 222 — Completion certificates
222 Completion certificates (1) Where under this Part, compliance with a condition of a subdivision consent is dependent on the completion by the owner of any work required by the territorial…
Section 223 — Approval of survey plan by territorial authority
223 Approval of survey plan by territorial authority (1) An owner of any land may submit to a territorial authority for its approval, a survey plan in respect of that land if— (a) A subdivision…
Section 224 — Restrictions upon deposit of survey plan
224 Restrictions upon deposit of survey plan No survey plan shall be deposited under the Land Transfer Act 1952 or with the Registrar of Deeds for the purposes of section 11(1)(a) unless— (a)…
Section 225 — Agreement to sell land or building before deposit of plan
225 Agreement to sell land or building before deposit of plan (1) Any agreement to sell any land or any building or part of any building that constitutes a subdivision and is made before the…
Section 226 — Restriction upon issue of certificates of title for subdivision
226 Restriction upon issue of certificates of title for subdivision (1) A District Land Registrar shall not issue a certificate of title for any land that is shown as a separate allotment on a survey…
Section 226A — Savings in respect of cross leases, company leases, and retirement village leases
226A Savings in respect of cross leases, company leases, and retirement village leases (1) Nothing in section 11 or this Part shall apply— (a) To the registration of a memorandum of cross lease or…
Section 227 — Cancellation of prior approvals
227 Cancellation of prior approvals (1) Where— (a) Before or after the date of commencement of this Act, a survey plan has been deposited under the Land Transfer Act 1952 or under any other authority…
Section 228 — Subdivision by the Crown
228 Subdivision by the Crown (1) Where a survey plan of a subdivision by or on behalf of a Minister of the Crown of land not subject to the Land Transfer Act 1952 has been approved by a territorial…
Section 229 — Purposes of esplanade reserves and esplanade strips
229 Purposes of esplanade reserves and esplanade strips An esplanade reserve or an esplanade strip has one or more of the following purposes: (a) To contribute to the protection of conservation…
Section 230 — Requirement for esplanade reserves or esplanade strips
230 Requirement for esplanade reserves or esplanade strips (1) For the purposes of sections 77 , 229 to 237H , 405A , and clause 5 of Part 2 of Schedule 2, the size of any allotment shall be…
Section 231 — Esplanade reserves to vest on subdivision
231 Esplanade reserves to vest on subdivision (1) An esplanade reserve required under section 230 or section 236 — (a) Shall be set aside as a local purpose reserve for esplanade purposes under the…
Section 232 — Creation of esplanade strips
232 Creation of esplanade strips (1) An esplanade strip of the width specified in a rule in a district plan made under section 77 may be created for any purpose specified in section 229 by the…
Section 233 — Effect of change to boundary of esplanade strip
233 Effect of change to boundary of esplanade strip (1) Where, for any reason, the mark of any mean high water springs or the bank of any river or the margin of any lake alters, and the alteration…