Plain language law

New Zealand law explained for everyone

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:

“Some activities can keep going even if new rules say they need permission”

You can keep doing some activities that were allowed before, even if new rules say you need permission now. This applies in two situations:

When a new rule in a proposed regional plan starts to take effect, you can continue your activity if:

  1. Your activity was allowed before the new rule started.
  2. You had already started doing the activity legally.
  3. Your activity hasn’t changed much in how it looks or what it does.
  4. You haven’t stopped doing it for more than 6 months (or longer if the regional council says so).

When a rule in a regional plan becomes official, you can continue your activity if:

  1. Your activity was allowed before the rule became official.
  2. You had already started doing the activity legally.
  3. Your activity hasn’t changed much in how it looks or what it does.
  4. You apply for permission within 6 months of the rule becoming official, and you’re still waiting for an answer or for any appeals to be decided.

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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 > Conservation
Environment and resources > Land use
Government and voting > Local councils
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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).