Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section Sch8-“ 10A
“ 10A Relationship to Resource Management Act 1991—Notwithstanding section 10 of this Act, nothing in this Act shall derogate from the provisions of sections 176 to 182 of the Harbours Act 1950 or…
Section Sch8-“ 24A
“ 24A Exercise of ancillary rights following repeal of sections 4 and 5 of this Act Every right, power or privilege conferred by sections 7, 9, or 10 of this Act shall continue to be exercisable by…
Section Sch8-“ 2A — Relationship to Resource Management Act 1991
“ 2A Relationship to Resource Management Act 1991 Nothing in this Act shall derogate from the Resource Management Act 1991. ”
Section Sch8-“ 327A — Building-line restrictions
“ 327A Building-line restrictions Where a building-line restriction has been imposed under this Act or any former enactment, and the council subsequently determines that the building-line restriction…
Section Sch8-“ 36A — Transitional procedures for defining middle line
“ 36A Transitional procedures for defining middle line Where a notice has been issued in the Gazette defining the middle line of a road or railway line under sections 36 to 39 of this Act, that…
Section Sch8-“ 3A — Relationship to Resource Management Act 1991
“ 3A Relationship to Resource Management Act 1991 Nothing in this Part of this Act shall derogate from any of the provisions of the Resource Management Act 1991. ”
Section Sch8-“ 7A — Regional councils to have powers of Harbour Boards in certain circumstances
“ 7A Regional councils to have powers of Harbour Boards in certain circumstances “ (1) Every regional council shall, in relation to any harbour, navigable river or lake, estuary or arm of the sea in…
Section Sch8-“ 42B — Application of certain sections to coastal permits under Resource Management Act 1991
“ 42B Application of certain sections to coastal permits under Resource Management Act 1991 For the purposes of sections 32(a), 33, 36, 37, 38, 41, 42, 42A, 48(1)(c) to (k), and 48(2) of this Act,…
Section 9 — 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…
Section Sch9 — Special acts under which local authorities and other public bodies exercise functions, powers, and duties
Schedule 9 Special acts under which local authorities and other public bodies exercise functions, powers, and duties Section 363 1875, No 5(P)—The Dunedin Waterworks Extension Act 1875 . 1891, No…
Section 10 — Certain existing uses in relation to land protected
10 Certain existing uses in relation to land protected (1) Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if— (a) Either— (i) The use was lawfully…
Section Sch10-1 — Prohibitions to be included in instruments
1 Prohibitions to be included in instruments (1) Every instrument creating an esplanade strip and every easement for an access strip shall specify that the following acts are prohibited on land over…
Section Sch10-2 — Other prohibitions
2 Other prohibitions Subject to sections 232(4) and 237B(3) , every instrument creating an esplanade strip and every easement for an access strip shall specify that the following acts are prohibited…
Section Sch10-3 — Fencing
3 Fencing The instrument or easement may include any fencing requirements, including gates, stiles, and the repositioning or removal of any fence.
Section Sch10-4 — Access on esplanade strips for conservation purposes
4 Access on esplanade strips for conservation purposes (1) Where an esplanade strip is created for the protection of conservation values only, the instrument creating the strip may specify that— (a)…
Section Sch10-5 — Access on strips for access purposes
5 Access on strips for access purposes Where an easement for an access strip or an esplanade strip for access purposes is created, the easement or instrument creating the strip shall specify that any…
Section Sch10-6 — Access on strips created for recreational purposes
6 Access on strips created for recreational purposes Where an esplanade strip is created for public recreational use, the instrument creating the strip shall specify that any person shall have the…
Section Sch10-7 — Closure
7 Closure (1) Any instrument creating an esplanade strip or any easement for an access strip may specify that the strip may be closed for any specified period, including particular times and dates.…
Section 10A — Certain existing activities allowed
10A Certain existing activities allowed (1) In respect of the use of the surface of water in lakes and rivers where, as a result of a rule in a district plan becoming operative, or a rule in a…
Section 10B — Certain existing building works allowed
10B Certain existing building works allowed (1) Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if the use of land is a building work or intended use…
Section 11 — Restrictions on subdivision of land
11 Restrictions on subdivision of land (1) No person may subdivide land, within the meaning of section 218 , unless the subdivision is— (a) Expressly allowed by a rule in a district plan and in any…
Section Sch11 — Acts that include statutory acknowledgements
Schedule 11 Acts that include statutory acknowledgements Sections 93 , 94 , and 274 Schedule 11 was inserted, as from 1 October 1998, by section 226 Ngai Tahu Claims Settlement Act 1998 (1998 No 97)…
Section 12 — Restrictions on use of coastal marine area
12 Restrictions on use of coastal marine area (1) No person may, in the coastal marine area,— (a) Reclaim or drain any foreshore or seabed; or (b) Erect, reconstruct, place, alter, extend, remove, or…
Section Sch12-1 — Application and interpretation
1 Application and interpretation (1) This schedule applies if a customary rights order has been made and appeals (if any) have been disposed of. (2) In this schedule, regional council includes the…
Section Sch12-10 — Adverse effects report
10 Adverse effects report (1) A regional council must complete its adverse effects assessment and adverse effects report no later than 40 working days after giving notice of the assessment under…
Section Sch12-11 — Report to be given to Minister of Conservation and holder
11 Report to be given to Minister of Conservation and holder No later than 5 working days after completing an adverse effects report, a regional council must give a copy to— (a) the Minister of…
Section Sch12-12 — Review
12 Review The Minister of Conservation may— (a) review, in accordance with clauses 13 and 14 , controls imposed on a recognised customary activity; and (b) after reviewing the controls,— (i) confirm…
Section Sch12-13 — Procedure for review
13 Procedure for review (1) If the Minister of Conservation reviews controls under clause 12 , he or she must either— (a) request, under section 17B , the regional council— (i) to carry out an…
Section Sch12-14 — Timing of review
14 Timing of review (1) The Minister of Conservation— (a) may review the controls imposed on a recognised customary activity at any time; and (b) must carry out a review of those controls if the…
Section Sch12-2 — Power to impose controls
2 Power to impose controls The Minister of Conservation may impose controls (including terms, standards, and restrictions) on a recognised customary activity only if he or she considers that— (a) the…
Section Sch12-3 — Prerequisites before controls may be imposed
3 Prerequisites before controls may be imposed (1) The Minister of Conservation must not impose controls on a recognised customary activity under clause 2 unless— (a) the Minister has either— (i)…
Section Sch12-4 — Matters to be considered
4 Matters to be considered The Minister of Conservation, when considering whether to impose controls on a recognised customary activity,— (a) must have regard to— (i) the effects on the environment…
Section Sch12-5 — Timing and notification
5 Timing and notification The Minister of Conservation must— (a) decide whether to impose controls on a recognised customary activity no later than 60 working days after— (i) receiving an adverse…
Section Sch12-6 — Adverse effects assessment
6 Adverse effects assessment (1) A regional council must, not later than 5 working days after being so directed by the Minister of Conservation under section 17B , begin an adverse effects assessment…
Section Sch12-7 — Notice regarding adverse effects assessment
7 Notice regarding adverse effects assessment (1) A regional council must give written notice regarding an adverse effects assessment in relation to a recognised customary activity if— (a) it decides…
Section Sch12-8 — Process
8 Process A regional council, in carrying out an adverse effects assessment of a recognised customary activity,— (a) must seek the views of the holder of the customary rights order; and (b) may seek…
Section Sch12-9 — Matters to be considered
9 Matters to be considered A regional council, in carrying out an adverse effects assessment of a recognised customary activity,— (a) must have regard to— (i) the effects on the environment of the…
Section 12A — Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas
12A Restrictions on aquaculture activities in coastal marine area and on other activities in aquaculture management areas (1) No person may occupy a coastal marine area for the purpose of an…
Section 12B — Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist
12B Continuation of coastal permit for aquaculture activities if aquaculture management area ceases to exist To avoid doubt, a coastal permit for aquaculture activities does not expire because the…
Section 13 — Restriction on certain uses of beds of lakes and rivers
13 Restriction on certain uses of beds of lakes and rivers (1) No person may, in relation to the bed of any lake or river,— (a) Use, erect, reconstruct, place, alter, extend, remove, or demolish any…
Section 14 — Restrictions relating to water
14 Restrictions relating to water (1) No person may take, use, dam, or divert any— (a) Water (other than open coastal water); or (b) Heat or energy from water (other than open coastal water); or (c)…
Section 15 — Discharge of contaminants into environment
15 Discharge of contaminants into environment (1) No person may discharge any— (a) Contaminant or water into water; or (b) Contaminant onto or into land in circumstances which may result in that…
Section 15A — Restrictions on dumping and incineration of waste or other matter in coastal marine area
15A Restrictions on dumping and incineration of waste or other matter in coastal marine area (1) No person may, in the coastal marine area,— (a) Dump any waste or other matter from any ship,…
Section 15B — Discharge of harmful substances from ships or offshore installations
15B Discharge of harmful substances from ships or offshore installations (1) No person may, in the coastal marine area, discharge a harmful substance or contaminant, from a ship or offshore…
Section 15C — Prohibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area
15C Prohibitions in relation to radioactive waste or other radioactive matter and other waste in coastal marine area (1) Notwithstanding anything to the contrary in this Act, no person may, in the…
Section 16 — Duty to avoid unreasonable noise
16 Duty to avoid unreasonable noise (1) Every occupier of land (including any premises and any coastal marine area), and every person carrying out an activity in, on, or under a water body or the…
Section 17 — Duty to avoid, remedy, or mitigate adverse effects
17 Duty to avoid, remedy, or mitigate adverse effects (1) Every person has a duty to avoid, remedy, or mitigate any adverse effect on the environment arising from an activity carried on by or on…
Section 17A — Recognised customary activity may be exercised in accordance with any controls
17A Recognised customary activity may be exercised in accordance with any controls (1) A recognised customary activity may be carried out despite— (a) sections 9 to 17 ; or (b) a rule in a plan or a…
Section 17B — Adverse effects assessment
17B Adverse effects assessment (1) For the purposes of any controls that may be imposed on a recognised customary activity under Part 1 of Schedule 12, a regional council must, if directed by the…
Section 18 — Possible defence in cases of unforeseen emergencies
18 Possible defence in cases of unforeseen emergencies (1) Any person who is prosecuted under section 338 for an offence arising from any contravention of any of sections 9 , 11 , 12 , 13 , 14 , 15 ,…