Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section Sch1-16A — Variation of proposed policy statement or plan
16A Variation of proposed policy statement or plan (1) A local authority may initiate variations (being alterations other than those under clause 16 ) to a proposed policy statement or plan, or to a…
Section Sch1-20A — Correction of operative policy statement or plan
20A Correction of operative policy statement or plan A local authority may amend, without further formality, an operative policy statement or plan to correct any minor errors. Clause 20A was…
Section Sch1-8AA — Resolution of disputes
8AA Resolution of disputes (1) For the purpose of clarifying or facilitating the resolution of any matter relating to a proposed policy statement or plan, a local authority may, if requested or on…
Section Sch1A-1A — Proposed regional coastal plan or proposed change to regional coastal plan must not describe certain areas as aquaculture management areas
1A Proposed regional coastal plan or proposed change to regional coastal plan must not describe certain areas as aquaculture management areas (1) A proposed regional coastal plan or a proposed change…
Section Sch1-16B — Merger with proposed policy statement or plan
16B Merger with proposed policy statement or plan (1) Every variation initiated under clause 16A shall be merged in and become part of the proposed policy statement or plan as soon as the variation…
Section Sch1-3B — Consultation with iwi authorities
3B Consultation with iwi authorities For the purposes of clause 3(1)(d) , a local authority is to be treated as having consulted with iwi authorities in relation to those whose details are entered in…
Section Sch1-8B — Hearing by local authority
8B Hearing by local authority A local authority shall hold a hearing into submissions on its proposed policy statement or plan, and any requirements notified under clause 4 , and give at least 10…
Section Sch1-3C — Previous consultation under other enactments
3C Previous consultation under other enactments A local authority is not required to comply with clause 3 to the extent that any matter in a proposed policy statement or plan has been the subject of…
Section Sch1-8C — Hearing not needed
8C Hearing not needed Where submissions are made but no person indicates they wish to be heard, or the request to be heard is withdrawn, the local authority shall consider the submissions along with…
Section Sch1-8D — Withdrawal of proposed policy statements and plans
8D Withdrawal of proposed policy statements and plans (1) Where a local authority has initiated the preparation of a policy statement or plan, the local authority may withdraw its proposal to…
Section 2 — Interpretation
2 Interpretation (1) In this Act, unless the context otherwise requires,— Abatement notice means a notice served under section 322 access rights has the same meaning as in section 5 of the Foreshore…
Section Sch2 — Matters that may be provided for in policy statements and plans
Schedule 2 Matters that may be provided for in policy statements and plans Sections 62 , 67 , and 75 [Repealed] Part 1: clause 1(d) was amended, as from 7 July 1993, by section 221(1) Resource…
Section 2A — Successors
2A Successors (1) In this Act, unless the context otherwise requires, any reference to a person, however described or referred to (including applicant and consent holder), includes the successor of…
Section 3 — Meaning of effect
3 Meaning of effect In this Act, unless the context otherwise requires, the term effect includes— (a) Any positive or adverse effect; and (b) Any temporary or permanent effect; and (c) Any past,…
Section Sch3-1 — Class AE Water (being water managed for aquatic ecosystem purposes)
1 Class AE Water (being water managed for aquatic ecosystem purposes) (1) The natural temperature of the water shall not be changed by more than 3° Celsius. (2) The following shall not be allowed if…
Section Sch3-10 — Class A Water (being water managed for aesthetic purposes)
10 Class A Water (being water managed for aesthetic purposes) The quality of the water shall not be altered in those characteristics which have a direct bearing upon the specified aesthetic values.
Section Sch3-11 — Class C Water (being water managed for cultural purposes)
11 Class C Water (being water managed for cultural purposes) The quality of the water shall not be altered in those characteristics which have a direct bearing upon the specified cultural or…
Section Sch3-2 — Class F Water (being water managed for fishery purposes)
2 Class F Water (being water managed for fishery purposes) (1) The natural temperature of the water— (a) Shall not be changed by more than 3° Celsius; and (b) Shall not exceed 25° Celsius. (2) The…
Section Sch3-3 — Class FS Water (being water managed for fish spawning purposes)
3 Class FS Water (being water managed for fish spawning purposes) (1) The natural temperature of the water shall not be changed by more than 3° Celsius. The temperature of the water shall not…
Section Sch3-4 — Class SG Water (being water managed for the gathering or cultivating of shellfish for human consumption)
4 Class SG Water (being water managed for the gathering or cultivating of shellfish for human consumption) (1) The natural temperature of the water shall not be changed by more than 3° Celsius. (2)…
Section Sch3-5 — Class CR Water (being water managed for contact recreation purposes)
5 Class CR Water (being water managed for contact recreation purposes) (1) The visual clarity of the water shall not be so low as to be unsuitable for bathing. (2) The water shall not be rendered…
Section Sch3-6 — Class WS Water (being water managed for water supply purposes)
6 Class WS Water (being water managed for water supply purposes) (1) The pH of surface waters shall be within the range 6.0-9.0 units. (2) The concentration of dissolved oxygen in surface waters…
Section Sch3-7 — Class I Water (being water managed for irrigation purposes)
7 Class I Water (being water managed for irrigation purposes) (1) The water shall not be tainted or contaminated so as to make it unsuitable for the irrigation of crops growing or likely to be grown…
Section Sch3-8 — Class IA Water (being water managed for industrial abstraction)
8 Class IA Water (being water managed for industrial abstraction) (1) The quality of the water shall not be altered in those characteristics which have a direct bearing upon its suitability for the…
Section Sch3-9 — Class NS Water (being water managed in its natural state)
9 Class NS Water (being water managed in its natural state) The natural quality of the water shall not be altered.
Section 3A — Person acting under resource consent with permission
3A Person acting under resource consent with permission Subject to section 134 and any specific conditions included in the resource consent, any reference in this Act to activities being allowed by a…
Section 4 — Act to bind the Crown
4 Act to bind the Crown (1) Except as provided in subsections (2) to (5) , this Act shall bind the Crown. (2) This Act does not apply to any work or activity of the Crown which— (a) Is a use of land…
Section Sch4-1 — Matters that should be included in an assessment of effects on the environment
1 Matters that should be included in an assessment of effects on the environment Subject to the provisions of any policy statement or plan, an assessment of effects on the environment for the…
Section Sch4-2 — Matters that should be considered when preparing an assessment of effects on the environment
2 Matters that should be considered when preparing an assessment of effects on the environment Subject to the provisions of any policy statement or plan, any person preparing an assessment of the…
Section 4A — Application of this Act to ships and aircraft of foreign States
4A Application of this Act to ships and aircraft of foreign States Except as otherwise expressly provided in any regulations made under this Act, this Act does not apply to any of the following: (a)…
Section Sch4-1A — Matters that must be included in an assessment of effects on the environment
1A Matters that must be included in an assessment of effects on the environment An assessment of effects on the environment for the purposes of section 88 must include, in a case where a recognised…
Section Sch4-1AA
1AA To avoid doubt, clause 1(h) obliges an applicant to report as to the persons identified as being affected by the proposal, but does not— (a) oblige the applicant to consult with any person; or…
Section 5 — Purpose
5 Purpose (1) The purpose of this Act is to promote the sustainable management of natural and physical resources. (2) In this Act, sustainable management means managing the use, development, and…
Section Sch5 — Provisions applying in respect of the Hazards Control Commission
Schedule 5 Provisions applying in respect of the Hazards Control Commission Section 350 [Repealed] Schedule 5 was repealed, as from 2 July 2001, by section 149 Hazardous Substances and New Organisms…
Section 6 — Matters of national importance
6 Matters of national importance In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural…
Section Sch6 — Enactments repealed
Schedule 6 Enactments repealed Section 361(1) 1889, No 19(L)—The Kumara Sludge Channel Act 1889. 1889, No 15(L)—The Waitohi River Bed Act 1889. 1908, No 169—The Sand Drift Act 1908. (RS Vol 11, p…
Section 7 — Other matters
7 Other matters In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical…
Section Sch7 — Regulations and orders revoked
Schedule 7 Regulations and orders revoked Section 361(2) Title Statutory Regulations Serial Number The Soil Conservation Regulations 1945…
Section 8 — Treaty of Waitangi
8 Treaty of Waitangi In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical…
Section Sch8-“ 11 — Harbour works on lake restricted
“ 11 Harbour works on lake restricted No regional council shall grant a resource consent under the Resource Management Act 1991 authorising any activity in relation to the lake that is referred to in…
Section Sch8-“ 118 — Application of other Acts to stopped roads
“ 118 Application of other Acts to stopped roads “ (1) Notwithstanding section 117 of this Act, where any road or any portion of a road along the mark of mean high water springs of the sea, or along…
Section Sch8-“ 12 — Section 11 and Part X of Resource Management Act 1991 and Part XXI of Local Government Act 1974 not to apply
“ 12 Section 11 and Part X of Resource Management Act 1991 and Part XXI of Local Government Act 1974 not to apply Section 11 and Part X of the Resource Management Act 1991 and Part XXI of the Local…
Section Sch8-“ 13 — Activity permitted as of right
“ 13 Activity permitted as of right For the purposes of section 375(1)(a)(iii) of the Resource Management Act 1991 and for the avoidance of doubt, where any irrigation scheme is sold or otherwise…
Section Sch8-“ 2A-dup2 — Relationship to Resource Management Act 1991
“ 2A Relationship to Resource Management Act 1991 “ (1) Except as provided in subsections (2) and (3) of this section, nothing in this Act shall derogate from the provisions of the Resource…
Section Sch8-“ 30 — Payment into Departmental Bank Account
“ 30 Payment into Departmental Bank Account All money received by the Secretary under this Part of this Act shall be paid into the Departmental Bank Account of the responsible department of State. ”
Section Sch8-“ 3A-dup2 — Relationship to Resource Management Act 1991
“ 3A Relationship to Resource Management Act 1991 The Corporation shall not be an instrument of the Executive Government of New Zealand for the purposes of the Resource Management Act 1991. ”
Section Sch8-“ 5 — Authorisations deemed to be permits under the Resource Management Act 1991
“ 5 Authorisations deemed to be permits under the Resource Management Act 1991 “ Notwithstanding anything in the Resource Management Act 1991 or in any other enactment— “ (a) The authorisations…
Section Sch8-“ 5-dup2 — Application of Resource Management Act 1991
“ 5 Application of Resource Management Act 1991 Subject to the provisions of this Act, the right granted by section 3(1) of this Act shall have the same force and effect as if it had been granted…
Section Sch8-“ 502 — This Part to be subject to Resource Management Act 1991
“ 502 This Part to be subject to Resource Management Act 1991 Nothing in this Part of this Act shall derogate from the provisions of the Resource Management Act 1991. ”
Section Sch8-“ 6
“ 6 The Planning Tribunal shall consider the district plan, the plan of the road proposed to be stopped, the council's explanation under clause 1 of this Schedule, and any objection made thereto by…