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New Zealand law explained for everyone

Resource Management Act 1991

Miscellaneous provisions

354: Crown's existing rights to resources to continue

You could also call this:

“The government keeps its old rights to use things like water and land, even when laws change.”

When the Resource Management Act 1991 was created, it didn’t change any rights, interests, or ownership that the government (the Crown) already had over land or water. These rights continue as if the old laws were still in place.

You can use, take, block, redirect, or release water that the government has rights to without asking for permission. However, you must follow the rules in the Resource Management Act and its regulations.

You can use or occupy any part of the common marine and coastal area without getting consent. But you might need consent if it’s required by the Resource Management Act, any other law, or any official order or document made under a law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239318.

Topics:
Environment and resources > Conservation
Environment and resources > Land use
Government and voting > Local councils
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353: Notices and consents in relation to Maori land, or

“Rules for sending messages and getting permission for Māori land”

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355: Vesting of reclaimed land, or

“The government can give people ownership of land that used to be part of a river or lake.”

Part 14 Miscellaneous provisions

354Crown's existing rights to resources to continue

  1. Without limiting the Interpretation Act 1999 but subject to subsection (2), it is hereby declared that the repeal by this Act or the Crown Minerals Act 1991 of any enactment, including in particular—

  2. section 3 of the Geothermal Energy Act 1953; and
    1. section 21 of the Water and Soil Conservation Act 1967; and
      1. section 261 of the Coal Mines Act 1979,—
          1. shall not affect any right, interest, or title, to any land or water acquired, accrued, established by, or vested in, the Crown before the date on which this Act comes into force, and every such right, interest, and title shall continue after that date as if those enactments had not been repealed.

        1. Any person may take, use, dam, divert, or discharge into, any water in which the Crown has an interest, without obtaining the consent of the Crown, if the taking, use, damming, diversion, or discharge by that person does not contravene this Act or regulations.

        2. Any person may use or occupy any part of the common marine and coastal area without obtaining consent, unless consent must be obtained under—

        3. this Act; or
          1. any other enactment; or
            1. any instrument or order made under an enactment.

              Notes
              • Section 354(1): amended, on , pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).
              • Section 354(2): replaced, on , by section 159 of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 354(3): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).