Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Duties and restrictions under this Act - Land

9: Restrictions on use of land

You could also call this:

"Rules about how you can use land without harming the environment"

Illustration for Resource Management Act 1991

You cannot use land in a way that breaks a national environmental standard. You can use land if you have a resource consent or if it is allowed by section 10, section 10A, or section 20A. You can also use land if it is allowed by a wastewater environmental performance standard. You cannot use land in a way that breaks a regional rule. You can use land if you have a resource consent or if it is allowed by section 20A. You can also use land if it is allowed by a wastewater environmental performance standard. You cannot use land in a way that breaks a district rule. You can use land if you have a resource consent or if it is allowed by section 10 or section 10A. You can also use land if it is allowed by a wastewater environmental performance standard. You must not break section 176, 178, 193, or 194 unless you have written consent. This rule applies to aircraft flying over land, but only for noise controls. This rule does not apply to the coastal marine area.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM231918.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use
Previous

8: Treaty of Waitangi, or

"Recognising and considering Māori rights and values when making decisions about New Zealand's natural resources"

Next

10: Certain existing uses in relation to land protected, or

"Using land in a way that was allowed before the rules changed"

Part 3Duties and restrictions under this Act
Land

9Restrictions on use of land

  1. No person may use land in a manner that contravenes a national environmental standard unless the use—

  2. is expressly allowed by a resource consent; or
    1. is allowed by section 10; or
      1. is an activity allowed by section 10A; or
        1. is an activity allowed by section 20A; or
          1. is an activity expressly allowed by a wastewater environmental performance standard, a stormwater environmental performance standard, or an infrastructure design solution.

            1. No person may use land in a manner that contravenes a regional rule unless the use—

            2. is expressly allowed by a resource consent; or
              1. is an activity allowed by section 20A; or
                1. is an activity expressly allowed by a wastewater environmental performance standard, a stormwater environmental performance standard, or an infrastructure design solution.

                  1. No person may use land in a manner that contravenes a district rule unless the use—

                  2. is expressly allowed by a resource consent; or
                    1. is allowed by section 10; or
                      1. is an activity allowed by section 10A; or
                        1. is an activity expressly allowed by a wastewater environmental performance standard, a stormwater environmental performance standard, or an infrastructure design solution.

                          1. No person may contravene section 176, 178, 193, or 194 unless the person obtains the prior written consent of the requiring authority or the heritage protection authority.

                          2. This section applies to overflying by aircraft only to the extent to which noise emission controls for airports have been prescribed by a national environmental standard or set by a territorial authority.

                          3. This section does not apply to use of the coastal marine area.

                          Notes
                          • Section 9: replaced, on , by section 7 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                          • Section 9(1)(e): inserted, on , by section 70(1) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                          • Section 9(2)(c): inserted, on , by section 70(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                          • Section 9(3)(d): inserted, on , by section 70(3) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).