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Resource Management Act 1991

Duties and restrictions under this Act - Certain existing lawful activities allowed

20A: Certain existing lawful activities allowed

You could also call this:

“You can keep doing something you were already legally doing, even if new rules say you need permission.”

If a new rule in a regional plan means you need a resource consent to do something, you can still do it until the rule starts. You can keep doing the activity if you were already allowed to do it, it was set up legally, and its effects are the same. The activity must not have stopped for more than six months.

If a rule in a regional plan has started and you need a resource consent, you can still do the activity. You can keep doing it if you were allowed to before, it was set up legally, and its effects are the same. You must apply for a resource consent within six months of the rule starting, and the application must not have been decided yet.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM232526.

Topics:
Environment and resources > Town planning Housing and property > Land use
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Part 3 Duties and restrictions under this Act
Certain existing lawful activities allowed

20ACertain existing lawful activities allowed

  1. If, as a result of a rule in a proposed regional plan taking legal effect in accordance with section 86B or 149N(8), an activity requires a resource consent, the activity may continue until the rule becomes operative if,—

  2. before the rule took legal effect in accordance with section 86B or 149N(8), the activity—
    1. was a permitted activity or otherwise could have been lawfully carried on without a resource consent; and
      1. was lawfully established; and
      2. the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule took legal effect in accordance with section 86B or 149N(8); and
        1. the activity has not been discontinued for a continuous period of more than 6 months (or a longer period fixed by a rule in the proposed regional plan in any particular case or class of case by the regional council that is responsible for the proposed plan) since the rule took legal effect in accordance with section 86B or 149N(8).

          1. If, as a result of a rule in a regional plan becoming operative, an activity requires a resource consent, the activity may continue after the rule becomes operative if,—

          2. before the rule became operative, the activity—
            1. was a permitted activity or allowed to continue under subsection (1) or otherwise could have been lawfully carried on without a resource consent; and
              1. was lawfully established; and
              2. the effects of the activity are the same or similar in character, intensity, and scale to the effects that existed before the rule became operative; and
                1. the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months after the date the rule became operative and the application has not been decided or any appeals have not been determined.

                  Notes
                  • Section 20A: replaced, on , by section 8 of the Resource Management Amendment Act 2003 (2003 No 23).
                  • Section 20A(1): amended, on , by section 20(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 20A(1)(a): amended, on , by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 20A(1)(b): amended, on , by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                  • Section 20A(1)(c): amended, on , by section 20(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).