Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 390C — Dealing with applications for permissions
390C Dealing with applications for permissions (1) Where an application to which section 389(1) applies has, before the commencement of this Act, been publicly notified or advertised in accordance…
Section 390D — Timing for renewals
390D Timing for renewals (1) Where the holder of a permission, licence, permit, or order referred to in either section 389(1) or section 389(2) (in this section called an approval ), before the…
Section 391 — Applications for licences and approvals under Clean Air Act 1972
391 Applications for licences and approvals under Clean Air Act 1972 (1) Where, before the date of commencement of this Act, an application has been made for— (a) A licence within the meaning of the…
Section 391A — Resource consents following approval under Clean Air Act 1972
391A Resource consents following approval under Clean Air Act 1972 (1) Where— (a) Before the date of commencement of this Act, any person has obtained an approval under section 31 of the Clean Air…
Section 392 — Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air
392 Provisions of Clean Air Act 1972 may be considered on applications for resource consents for discharging contaminants into the air [Expired] Subsection (2) was inserted, as from 7 July 1993, by…
Section 393 — 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—…
Section 394 — Transitional provisions relating to setting aside of esplanade reserves on reclamation
394 Transitional provisions relating to setting aside of esplanade reserves on reclamation [Repealed] Section 394 was repealed, as from 7 July 1993, by section 185 Resource Management Amendment Act…
Section 395 — Applications for works, etc, in coastal marine area
395 Applications for works, etc, in coastal marine area (1) A regional council that receives an application for a coastal permit in respect of any reclamation, the construction of any structure, or…
Section 396 — Applications for marine farming in coastal marine area
396 Applications for marine farming in coastal marine area [Repealed] Subsection (2) was amended, as from 7 July 1993, by section 187 Resource Management Amendment Act 1993 (1993 No 65) by…
Section 396A — Notification of lapsing, cancellation, or surrender of coastal permit for marine farming
396A Notification of lapsing, cancellation, or surrender of coastal permit for marine farming [Repealed] Section 396A was inserted, as from 7 July 1993, by section 188 Resource Management Amendment…
Section 396B — Notification of rule change affecting marine farming
396B Notification of rule change affecting marine farming [Repealed] Section 396B was inserted, as from 7 July 1993, by section 189 Resource Management Amendment Act 1993 (1993 No 65). Section 396B…
Section 397 — Existing applications for marine farming leases
397 Existing applications for marine farming leases [Repealed] Subsection (3)(b) and (3)(b)(ii) were amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23)…
Section 398 — Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries
398 Regional councils not to accept applications for coastal permits in areas notified by Minister of Fisheries [Repealed] Section 398 was repealed, as from 1 January 2005, by section 27 Resource…
Section 399 — Applications received on same day
399 Applications received on same day Where— (a) In accordance with section 390B(2) or section 393(1)(c)(ii) or section 397(2)(b) , a consent authority receives, on the same date, 2 or more…
Section 400 — Applications under Marine Farming Act 1971 for prohibited anchorages, etc
400 Applications under Marine Farming Act 1971 for prohibited anchorages, etc (1) Where, immediately before the date of commencement of this Act, an application has been made under section 28(1) of…
Section 401 — Conditions of deemed resource consents
401 Conditions of deemed resource consents Where the conditions of any permission that is deemed to be a resource consent by virtue of any of sections 383 to 387 , or of any mining privilege that is…
Section 401A — Transitional coastal occupation charges
401A Transitional coastal occupation charges (1) Where a person is occupying the coastal marine area, either as a holder of a resource consent or as a result of permitted activity in a plan, there is…
Section 401B — Obligation to pay coastal occupation charge deemed condition of consent
401B Obligation to pay coastal occupation charge deemed condition of consent In every coastal permit that— (a) Authorises the holder to occupy any land of the Crown in the coastal marine area; and…
Section 402 — Existing subdivision approvals
402 Existing subdivision approvals (1) Nothing in section 11 or Part 10 shall apply to any subdivision in respect of which there is in force immediately before the commencement of this Act— (a) An…
Section 403 — Existing objections and appeals in relation to subdivisions
403 Existing objections and appeals in relation to subdivisions (1) Nothing in section 11 or Part 10 shall apply to any subdivision in respect of which, before the date of commencement of this Act,—…
Section 404 — Existing applications for approval
404 Existing applications for approval Where an application for approval of a scheme plan of subdivision has been made under section 275 of the Local Government Act 1974 before the commencement of…
Section 405 — Transitional provisions for subdivisions
405 Transitional provisions for subdivisions (1) For the purpose of subsections (2) and (3) , the term district plan means a district plan or a proposed plan constituted under section 373 that has…
Section 405A — Transitional provisions for esplanade reserves where land subdivided or road stopped
405A Transitional provisions for esplanade reserves where land subdivided or road stopped (1) Subject to subsections (3) and (4) and with the consent of the Minister of Conservation, on any road…
Section 406 — Grounds of refusal of subdivision consent
406 Grounds of refusal of subdivision consent (1) Notwithstanding anything to the contrary in Parts 6 or 10 , a territorial authority— (a) may refuse to grant a subdivision consent if it considers…
Section 407 — Subdivision consent conditions
407 Subdivision consent conditions (1) Where an application for a subdivision consent is made in respect of land for which there is no district plan, or where the district plan does not include…
Section 408 — Existing approvals for unit plans, cross lease plans, and company lease plans
408 Existing approvals for unit plans, cross lease plans, and company lease plans (1) Nothing in section 11 or Part 10 shall apply— (a) To the deposit of a unit plan, or to the issue of a certificate…
Section 409 — Financial contributions for developments
409 Financial contributions for developments (1) Subject to section 410 , where an application for a resource consent for a development is made in respect of land for which there is no district plan,…
Section 410 — Existing developments
410 Existing developments Parts 20 and 21 of the Local Government Act 1974 shall continue to apply to any development that, before the commencement of this Act, is notified to a territorial authority…
Section 411 — Restriction on imposition of conditions as to financial contributions
411 Restriction on imposition of conditions as to financial contributions (1) A consent authority shall not impose a condition of the type contemplated by section 108(2)(a) on any resource consent…
Section 412 — Expiry of certain sections
412 Expiry of certain sections [Repealed] Section 412 was repealed, as from 7 July 1993, by section 196 Resource Management Amendment Act 1993 (1993 No 65).
Section 413 — Current mining privileges to become deemed permits
413 Current mining privileges to become deemed permits (1) Except as provided in subsections (2) to (10) , every— (a) Current mining privilege within the meaning of section 2 of the Water and Soil…
Section 414 — Deemed permits to be subject to regional rules
414 Deemed permits to be subject to regional rules (1) A regional council may, in accordance with section 65 , include a rule in a regional plan for the purpose of securing minimum instream flow…
Section 415 — Acquisition of deemed permits
415 Acquisition of deemed permits (1) Notwithstanding sections 136 and 137 , a regional council may take, purchase, or acquire the whole or part of any deemed permit— (a) As a public work under the…
Section 416 — Compensation
416 Compensation (1) No compensation may be claimed for any loss, damage, or injurious affection resulting from the operation of any of subsections (1) to (7) of section 413. (2) Notwithstanding…
Section 417 — Permits over land other than that of holders to be produced in Land Transfer Office
417 Permits over land other than that of holders to be produced in Land Transfer Office (1) Where, immediately before the date of commencement of this Act, a mining privilege that is deemed to be a…
Section 417A — Uses of lakes and rivers not restricted by section 9
417A Uses of lakes and rivers not restricted by section 9 (1) Notwithstanding section 374(4) , for the purposes of this Act, subsections (1) and (2) of section 9 do not apply in respect of any…
Section 418 — Certain existing permitted uses may continue
418 Certain existing permitted uses may continue (1) For the purposes of this Act, section 15(1)(c) shall not apply in respect of any discharge from any industrial or trade premises which would not…
Section 419 — Certain discharges affected by water classifications
419 Certain discharges affected by water classifications (1) Where— (a) Provisions of a final water classification of the kind referred to in section 368(2)(b) are deemed to constitute the provisions…
Section 420 — Designations and requirements continued
420 Designations and requirements continued (1) Where, immediately before the date of commencement of this Act,— (a) A designation is included in an operative district scheme or combined scheme under…
Section 421 — Protection notices to become heritage orders
421 Protection notices to become heritage orders (1) The following provisions apply in respect of every protection notice issued under section 36 of the Historic Places Act 1980 which, immediately…
Section 422 — Procedure for requirements for designations and protection notices
422 Procedure for requirements for designations and protection notices (1) This section applies to requirements and notices of the kinds referred to in sections 420(7)(b) and 421(2)(b)(ii) . (2)…
Section 423 — National water conservation orders
423 National water conservation orders (1) A national water conservation order made under section 20D of the Water and Soil Conservation Act 1967, and in force immediately before the date of…
Section 424 — Savings as to bylaws
424 Savings as to bylaws (1) Every bylaw described in section 368(2)(e) that is in force immediately before the date of commencement of this Act shall, so far as it is not inconsistent with this Act,…
Section 425 — Leases, licences, and other authorities under Harbours Act 1950
425 Leases, licences, and other authorities under Harbours Act 1950 (1) Every lease made under section 154 of the Harbours Act 1950 and in force immediately before the date of commencement of this…
Section 425A — Functions and powers in respect of activities on or in Lake Taupo
425A Functions and powers in respect of activities on or in Lake Taupo (1) Nothing in this Act shall have the effect of giving any local authority any power, duty, function, or control in respect of…
Section 426 — Leases and licences executed under Marine Farming Act 1971
426 Leases and licences executed under Marine Farming Act 1971 [Repealed] Subsection (1) was amended, as from 28 April 1992, by section 5(1) Marine Farming Amendment Act 1992 (1992 No 33) by…
Section 427 — Deemed transfer of powers to former public bodies
427 Deemed transfer of powers to former public bodies (1) This section shall apply notwithstanding anything to the contrary in section 33 or in any other enactment or rule of law. (2) Where, before…
Section 428 — Environment Court
428 Environment Court (1) The person who, immediately before the commencement of this Act, held office as the Principal Environment Judge of the Environment Court shall, as from the commencement of…
Section 429 — Savings as to compensation claims
429 Savings as to compensation claims Where, immediately before the date of commencement of this Act, any claim for compensation under any enactment repealed by this Act has been or could be made,…
Section 430 — Savings as to Court proceedings
430 Savings as to Court proceedings Except as expressly provided in this Act, nothing in this Act shall affect the rights of any party to any proceedings commenced in any Court on or before the…