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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 and can't use land to protect the environment”

You cannot use land in a way that breaks a national environmental standard, unless you have a resource consent or it is allowed by section 10, section 10A, or section 20A. You also cannot use land in a way that breaks a regional rule, unless you have a resource consent or it is allowed by section 20A. You cannot use land in a way that breaks a district rule, unless you have a resource consent or it is allowed by section 10, section 10A.

You must not break rules in section 176, section 178, section 193, or section 194 without getting written consent from the right people. This rule applies to aircraft flying over land, but only when it comes to noise controls set by a national environmental standard or a territorial authority. This rule does not apply to the coastal marine area.

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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 > Land use Environment and resources > Town planning
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8: Treaty of Waitangi, or

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

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

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

Part 3 Duties 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.

          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.

              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.

                    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).