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Resource Management Act 1991

Duties and restrictions under this Act - Land

10A: Certain existing activities allowed

You could also call this:

“You can keep doing some activities on lakes and rivers even if new rules say you need permission, as long as you follow certain steps.”

You can continue to use the surface of water in lakes and rivers in certain ways, even if a new rule in a district plan says you need permission. This is allowed if you were already doing the activity legally before the new rule came into effect. The way you use the water must be the same or very similar to how you used it before. You need to apply for a resource consent within 6 months of the new rule starting.

If you apply for a resource consent as required, you can keep doing your activity until a decision is made about your application. This includes any time needed for appeals to be settled.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM231936.

Topics:

Environment and resources > Conservation

Environment and resources > Town planning

Government and voting > Local councils

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 ”

10B: Certain existing building works allowed, or

“ You can use buildings that were approved before new rules, even if they don't follow the new rules. ”

Part 3 Duties and restrictions under this Act
Land

10ACertain existing activities allowed

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 proposed district plan taking legal effect in accordance with section 86B or 149N(8), an activity that formerly was a permitted activity or that otherwise could have been lawfully carried out without a resource consent requires consent, the activity may continue to be carried on after the rule in the plan becomes operative, or the rule in the proposed plan takes legal effect in accordance with section 86B or 149N(8), if—
the activity was lawfully established before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B or 149N(8); and
the effects of the activity are the same or similar in character, intensity, and scale to those which existed before the rule in the plan became operative or the rule in the proposed plan took legal effect in accordance with section 86B or 149N(8); and
the person carrying on the activity applies for a resource consent from the appropriate consent authority within 6 months of the rule in the plan becoming operative.

Any activity to which this section applies, and for which a resource consent has been applied for in accordance with subsection (1)(c), may continue to be carried on until the application has been decided and any appeals have been determined.

Notes

Section 10A: inserted, on 7 July 1993, by section 8 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 10A(1): amended, on 1 October 2009, by section 9(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10A(1): amended, on 1 October 2009, by section 9(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10A(1): amended, on 1 October 2009, by section 9(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10A(1): amended, on 1 October 2009, by section 9(4) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10A(1)(a): amended, on 1 October 2009, by section 9(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 10A(1)(b): amended, on 1 October 2009, by section 9(5) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).