Resource Management Act 1991

Duties and restrictions under this Act - Land

10B: Certain existing building works allowed

You could also call this:

"You can still use your land if you had a building consent before new rules started."

You can use your land in a way that does not follow a district plan rule if you have a building consent for the work. The building consent must have been issued before the district plan rule came into effect, as stated in section 86B or 149N(8). You must also have followed the rules in the Building Act 2004.

If you have a building consent, you can use your land in a way that was allowed when the consent was issued. This means you can do the building work or use the building as stated on the consent, even if it does not follow the district plan rule. The building work or use must be the same or similar in character, intensity, and scale as when the consent was issued.

There are some exceptions to this rule. If your building consent is amended after the district plan rule came into effect, you may not be able to use your land in the same way. If your building consent has lapsed or is cancelled, you may not be able to use your land in the same way. You must also get a code compliance certificate within two years of the district plan rule coming into effect, or you may not be able to use your land in the same way, as stated in the Building Act 2004.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM231938.


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10A: Certain existing activities allowed, or

"You can keep doing something you've always done on lakes and rivers if you started it before new rules began."


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Part 3Duties and restrictions under this Act
Land

10BCertain 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 of a building (as defined in section 7 of the Building Act 2004) which is deemed to be lawfully established in accordance with subsection (2).

  2. Subject to subsection (3), the building work or intended use of the building shall be deemed to be lawfully established if—

  3. a building consent was issued and any amendments were incorporated in the building consent in accordance with the Building Act 2004 for the building work or intended use of the building before the rule in a district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8); and
    1. the building work or intended use of the building, as stated on the building consent, would not, at the time the building consent was issued and any amendments were incorporated, have contravened a rule in a district plan or proposed district plan or otherwise could have been carried out without a resource consent.
      1. Subsection (2) shall not apply if—

      2. the building consent is amended (after the rule in the district plan or proposed plan has taken legal effect in accordance with section 86B or 149N(8)) in such a way that the effects of the building work or intended use of a building will no longer be the same or similar in character, intensity, and scale as before the amendment; or
        1. the building consent has lapsed or is cancelled, but the issuing under the Building Act 2004 of a code compliance certificate in respect of the building work shall not, for the purposes of this section, be deemed to have cancelled the building consent for that work; or
          1. a code compliance certificate for the building work has not been issued in accordance with the Building Act 2004 within 2 years after the rule in the district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8) or within such further period as the territorial authority may allow upon being satisfied that reasonable progress has been made towards completion of the building work within that 2-year period.
            1. Section 10(4) and (5) apply to this section.

            Notes
            • Section 10B: inserted, on , by section 4 of the Resource Management Amendment Act 1996 (1996 No 160).
            • Section 10B(1): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
            • Section 10B(2)(a): amended, on , by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 10B(2)(a): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
            • Section 10B(3)(a): amended, on , by section 10(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 10B(3)(b): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
            • Section 10B(3)(c): amended, on , by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
            • Section 10B(3)(c): amended, on , by section 414 of the Building Act 2004 (2004 No 72).
            • Section 10B(4): replaced, on , by section 10(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).