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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 can’t use land in a way that goes against a national environmental standard. However, you can use the land if you have a resource consent that allows it, or if it’s allowed by section 10, section 10A, or section 20A.

You also can’t use land in a way that goes against a regional rule. But you can if you have a resource consent that allows it or if it’s allowed by section 20A.

The same goes for district rules. You can’t use land in a way that breaks these rules unless you have a resource consent that says it’s okay, or if it’s allowed by section 10 or section 10A.

You need to get written permission from the right authority before you can do anything that goes against sections 176, 178, 193, or 194.

These rules only apply to aircraft flying over land if there are noise rules for airports. These rules can be set by the national environmental standard or by your local council.

Remember, these rules don’t apply to how you use 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 It might be out of date or be missing some parts.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.

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 > Conservation
Environment and resources > Land use
Environment and resources > Town planning
Government and voting > Local councils
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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

“ You can keep using land in a way that doesn't follow new rules if you were already using it that way 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).