Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 354 — Crown's existing rights to resources to continue
354 Crown's existing rights to resources to continue (1) Without limiting the Acts Interpretation Act 1924 but subject to subsection (2), it is hereby declared that the repeal by this Act or the…
Section 355 — Vesting of reclaimed land
355 Vesting of reclaimed land (1) Any person or local authority may apply to the Minister of Conservation for any right, title, or interest in any land in the coastal marine area which is land of the…
Section 355A — Application for consent to unlawful reclamation
355A Application for consent to unlawful reclamation (1) Where land has at any time (whether before or after the date of commencement of this Act) been reclaimed from the coastal marine area…
Section 355AA — Effect of Foreshore and Seabed Act 2004 on vesting of reclamations
355AA Effect of Foreshore and Seabed Act 2004 on vesting of reclamations (1) If an application is made under section 355(1) that relates to land reclaimed from the public foreshore and seabed, the…
Section 355AB — Application for renewals
355AB Application for renewals (1) The holder of a right, title, or interest granted under section 355AA(3)(b) — (a) may apply to the Minister of Conservation, not later than 3 months before the…
Section 355B — Enforcement powers against unlawful reclamations
355B Enforcement powers against unlawful reclamations (1) Where, since the date of commencement of this Act, any land has been unlawfully reclaimed from the coastal marine area, the powers of the…
Section 356 — Matters may be determined by arbitration
356 Matters may be determined by arbitration (1) Except as provided in subsection (2) , where— (a) Any persons are unable to agree about any matter in respect of which any of those persons has a…
Section 357 — Right of objection to local authorities against certain decisions
357 Right of objection to local authorities against certain decisions (1) There is a right of objection to the relevant local authority for a person who has made an application or given notice, as…
Section 357A — Right of objection to consent authority against certain decisions or requirements
357A Right of objection to consent authority against certain decisions or requirements (1) There is a right of objection to a consent authority,— (a) in respect of a decision of that authority, for…
Section 357B — Right of objection in relation to imposition of additional charges or recovery of costs
357B Right of objection in relation to imposition of additional charges or recovery of costs There is a right of objection,— (a) for a person required by a local authority to pay an additional charge…
Section 357C — Procedure for making and hearing objection under sections 357 to 357B
357C Procedure for making and hearing objection under sections 357 to 357B (1) An objection under section 357 or section 357A or section 357B must be made by notice in writing to the local authority,…
Section 357D — Decision on objections made under sections 357 to 357B
357D Decision on objections made under sections 357 to 357B (1) The consent authority or local authority may— (a) dismiss the objection; or (b) uphold the objection in whole or in part; or (c) in the…
Section 358 — Appeals against certain decisions or objections
358 Appeals against certain decisions or objections (1) Any person who has made an objection under section 357 or section 357A or section 357B may appeal to the Environment Court against the decision…
Section 359 — Regional councils to pay rents, royalties, and other money received into Crown Bank Account
359 Regional councils to pay rents, royalties, and other money received into Crown Bank Account All rents, royalties, and other sums of money which the holders of resource consents are, by virtue of…
Section 360 — Regulations
360 Regulations (1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) Prescribing the manner or content of applications,…
Section 361 — Repeals and revocations
361 Repeals and revocations (1) The enactments specified in Schedule 6 are hereby repealed. (2) The regulations and orders specified in Schedule 7 are hereby revoked. (3) Every Order in Council made…
Section 362 — Consequential amendments
362 Consequential amendments The enactments specified in Schedule 8 are hereby amended in the manner indicated in that Schedule.
Section 363 — Conflicts with special Acts
363 Conflicts with special Acts Every local authority or other public body shall be guided, in the exercise of any function, power, or duty in relation to natural or physical resources imposed or…
Section 364 — Application of this Part
364 Application of this Part This Part shall have effect notwithstanding the repeal of the enactments specified in Schedule 6 , the revocation of the regulations and orders specified in Schedule 7 ,…
Section 365 — Meaning of permission
365 Meaning of permission In this Part, the term permission means any of the following: (a) A consent within the meaning of the Town and Country Planning Act 1977: (b) A licence under the Geothermal…
Section 366 — Effect of this Act on existing schemes, consents, etc
366 Effect of this Act on existing schemes, consents, etc Except as otherwise provided in this Part or in any regulations, from the date of commencement of this Act each of the following shall cease…
Section 367 — Effect of regional planning schemes
367 Effect of regional planning schemes (1) Except as provided in subsection (2) , every regional council and territorial authority, in carrying out any of its functions described in sections 30 and…
Section 368 — Existing notices, bylaws, etc, to become regional plans
368 Existing notices, bylaws, etc, to become regional plans (1) Where one or more instruments of the kind referred to in subsection (2) are in force in respect of any part of a region except in the…
Section 369 — Provisions deemed to be regional rules
369 Provisions deemed to be regional rules (1) A provision that is deemed by section 368(1) to be a provision of a regional plan and that, expressly or by implication and whether or not subject to…
Section 370 — Existing notices, bylaws, etc, to become regional coastal plans
370 Existing notices, bylaws, etc, to become regional coastal plans (1) Where one or more instruments of the kind referred to in subsection (2) are in force in respect of any part of a region within…
Section 371 — Provisions deemed to be regional rules
371 Provisions deemed to be regional rules (1) A provision of a district scheme or a combined scheme under the Town and Country Planning Act 1977 that is deemed by section 370 to be a provision of a…
Section 372 — Power of Minister of Conservation to give directions relating to restricted coastal activities
372 Power of Minister of Conservation to give directions relating to restricted coastal activities (1) Subject to subsection (3) , the Minister of Conservation may, from time to time, having regard…
Section 373 — Existing district and maritime schemes to become district plans
373 Existing district and maritime schemes to become district plans (1) Where any operative district scheme or combined scheme or maritime planning scheme under the Town and Country Planning Act 1977…
Section 374 — Provisions deemed to be district rules
374 Provisions deemed to be district rules (1) A provision of a district scheme or combined scheme that is deemed by section 373 to be a provision of a district plan shall be deemed to be— (a) A…
Section 375 — Transitional provisions for public utilities
375 Transitional provisions for public utilities (1) Subject to subsection (2) , every district plan or any proposed district plan constituted under section 373 shall be deemed to include— (a) A rule…
Section 376 — Transitional plans to be notified and available
376 Transitional plans to be notified and available The regional council or territorial authority of a region or district for which there is deemed to be a plan by virtue of any of sections 368 , 370…
Section 377 — Obligation to review transitional plans
377 Obligation to review transitional plans (1) A local authority shall review a plan constituted under this Part and, subject to subsection (2) , section 79 shall apply to such review. (2) Where the…
Section 378 — Proceedings in relation to plans
378 Proceedings in relation to plans (1) Subject to subsection (3) , all proposed district schemes, combined schemes, and maritime planning schemes, and all changes and reviews, under the Town and…
Section 379 — Declarations
379 Declarations Section 310 shall have effect as if the following paragraph were added: “ (g) Whether provisions of any instrument of a kind referred to in section 368(2) are deemed to constitute…
Section 380 — Existing notices which continue in effect
380 Existing notices which continue in effect Every notice given under any of the following enactments and that is in force immediately before the date of commencement of this Act shall continue to…
Section 381 — Existing notices deemed to be abatement notices
381 Existing notices deemed to be abatement notices (1) Subject to subsection (2) , every notice given under any of the following enactments that is in force (whether or not subject to any appeal)…
Section 382 — Existing direction deemed to be excessive noise direction
382 Existing direction deemed to be excessive noise direction Every direction given under section 9(3) of the Noise Control Act 1982 and that is in force immediately before the date of commencement…
Section 382A — Return of property seized under Noise Control Act 1982
382A Return of property seized under Noise Control Act 1982 Any property seized and impounded under the provisions of section 7 or section 11 of the Noise Control Act 1982 which has not been returned…
Section 383 — Existing permissions to become land use consents
383 Existing permissions to become land use consents Every permission— (a) Granted under any of Parts 2, 4, and 5 of the Town and Country Planning Act 1977 (or the corresponding provisions of any…
Section 383A — Existing permissions to allow use of beds of lakes and rivers
383A Existing permissions to allow use of beds of lakes and rivers (1) Every Order in Council made under section 175 of the Harbours Act 1950 and every approval granted under section 178(1)(b) or (2)…
Section 384 — Existing permissions to become coastal permits
384 Existing permissions to become coastal permits (1) Every— (a) Permission granted under any of Parts 2, 4, and 5 of the Town and Country Planning Act 1977 (or the corresponding provisions of any…
Section 384A — Right of port companies to occupy coastal marine area
384A Right of port companies to occupy coastal marine area (1) Every port company which considers that— (a) It had, on the 30th day of September 1991, a right to occupy the coastal marine area…
Section 385 — Existing clean air permissions to become discharge permits
385 Existing clean air permissions to become discharge permits (1) Every permission granted under— (a) Section 25 of the Clean Air Act 1972; or (b) Section 31 of that Act— (or the corresponding…
Section 386 — Existing rights and authorities under Water and Soil Conservation Act 1967
386 Existing rights and authorities under Water and Soil Conservation Act 1967 (1) Except as provided in subsections (2) to (7) ,— (a) Every right— (i) Granted under section 21(3) of the Water and…
Section 387 — Existing geothermal licences and authorisations deemed to be water permits
387 Existing geothermal licences and authorisations deemed to be water permits (1) Every licence under the Geothermal Energy Act 1953 and every power or authorisation under section 11 of that Act…
Section 388 — Requirement to supply information
388 Requirement to supply information (1) Every person who exercises a resource consent that is deemed to be granted under any of sections 384(1)(b) , 385 , 386 , 387 , and 413 shall, as and when…
Section 389 — 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…
Section 390 — Application being heard
390 Application being heard (1) In any case where, in accordance with the enactment under which the application for a permission under section 389(1) was made, the consideration of the application…
Section 390A — Appeals
390A Appeals (1) All appeals to the Environment Court arising out of applications for permissions covered by section 389(1)(a)(i) , that were lodged with the Environment Court before the date of…
Section 390B — Date on which application deemed to be made
390B Date on which application deemed to be made (1) Except as provided in section 390 , every application to which section 389 applies (unless dealt with under section 390A ) shall be deemed to be…