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Resource Management Act 1991

Duties and restrictions under this Act - River and lake beds

13: Restriction on certain uses of beds of lakes and rivers

You could also call this:

“You need special permission to do things that might change or disturb lakes and rivers.”

You can’t do certain things in or around lake and river beds unless you have permission. These things include:

  • Putting up, changing, or taking down any structures in the water or on the riverbed.
  • Digging or disturbing the bed of the lake or river.
  • Planting any kind of plant in or under the water.
  • Putting anything into the water or under the riverbed.
  • Trying to drain the lake or river or claim the land.

You need special permission from rules or laws to do these things. These rules might be in a national environmental standard, a regional plan, or you might need a resource consent.

You also can’t do these things without permission:

  • Go onto or across a lake or river bed.
  • Damage or remove any plants in or near the water.
  • Harm the places where plants grow in or near the water.
  • Harm the homes of animals that live in or near the water.

These rules don’t apply to coastal areas where the sea meets the land. They also don’t change any other rules about how you can use land.

If you want to do any of these things, you should check the rules or ask for permission first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM231970.

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Part 3 Duties and restrictions under this Act
River and lake beds

13Restriction on certain uses of beds of lakes and rivers

  1. No person may, in relation to the bed of any lake or river,—

  2. use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the bed; or
    1. excavate, drill, tunnel, or otherwise disturb the bed; or
      1. introduce or plant any plant or any part of any plant (whether exotic or indigenous) in, on, or under the bed; or
        1. deposit any substance in, on, or under the bed; or
          1. reclaim or drain the bed—
              1. unless expressly allowed by a national environmental standard, a rule in a regional plan as well as a rule in a proposed regional plan for the same region (if there is one), or a resource consent.

            1. No person may do an activity described in subsection (2A) in a manner that contravenes a national environmental standard or a regional rule unless the activity—

            2. is expressly allowed by a resource consent; or
              1. is an activity allowed by section 20A.

                1. The activities are—

                2. to enter onto or pass across the bed of a lake or river:
                  1. to damage, destroy, disturb, or remove a plant or a part of a plant, whether exotic or indigenous, in, on, or under the bed of a lake or river:
                    1. to damage, destroy, disturb, or remove the habitats of plants or parts of plants, whether exotic or indigenous, in, on, or under the bed of a lake or river:
                      1. to damage, destroy, disturb, or remove the habitats of animals in, on, or under the bed of a lake or river.

                        1. This section does not apply to any use of land in the coastal marine area.

                        2. Nothing in this section limits section 9.

                        Notes
                        • Section 13 heading: amended, on , by section 11 of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 13(1): replaced, on , by section 11 of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 13(1): amended, on , by section 13(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 13(2): replaced, on , by section 13(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                        • Section 13(2A): inserted, on , by section 13(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).