Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Transitional provisions

365: Meaning of permission

You could also call this:

“What 'permission' means in the law, including approvals and licences from the government to use resources like water and air.”

When you hear the word permission, it means a few different things in this part of the law. Permission can be a consent from the Town and Country Planning Act 1977. It can also be a licence under the Geothermal Energy Act 1953.

Permission can be a licence under the Clean Air Act 1972. It can be an approval under section 31 of the Clean Air Act 1972 for certain premises. You might get permission for water rights under the Water and Soil Conservation Act 1967.

This can include rights to water granted under section 21 of the Water and Soil Conservation Act 1967. It can also be an authorisation under section 21 of that Act. Permission can be a right to use water that was granted between 10 September 1966 and 31 December 1968.

You might get permission to dam or divert a river, or to discharge water into another river. Permission can also be an approval by a territorial authority under section 279 of the Local Government Act 1974 for a scheme plan of subdivision. You can find more information about this in the Whakatane Board Mills Limited Water Supply Act 1961 and section 279 of the Local Government Act 1974, which you can read about in section 279 and section 270.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239397.

Topics:
Environment and resources > Conservation Environment and resources > Town planning Government and voting > Local councils
Previous

364: Application of this Part, or

"This part of the law still applies even though some old rules were cancelled or changed"

Next

366: Effect of this Act on existing schemes, consents, etc, or

"What happens to old rules and plans when this law starts"

Part 15 Transitional provisions

365Meaning of permission

  1. In this Part, the term permission means any of the following:

  2. a consent within the meaning of the Town and Country Planning Act 1977:
    1. a licence under the Geothermal Energy Act 1953 or an authorisation under section 9(1) of that Act or powers or an authorisation under section 11 of that Act:
      1. a licence within the meaning of the Clean Air Act 1972 or an approval under section 31 of that Act in respect of any scheduled premises within the meaning of that Act:
        1. any of the following:
          1. a right in respect of water granted under section 21(3) of the Water and Soil Conservation Act 1967 (or deemed to be so granted by virtue of section 58(2) of the Water and Soil Conservation Amendment Act 1988):
            1. any authorisation in respect of water under section 21(2) or section 21(2A) of that Act:
              1. any right referred to in section 21(1) of that Act that was granted during the period commencing on 10 September 1966 and ending with 31 December 1968:
                1. any right as expressly authorised by any other Act (other than the Tasman Pulp and Paper Company Enabling Act 1954), Order in Council, or Provincial Ordinance before the enactment of the Water and Soil Conservation Act 1967 in respect of any specified water:
                    1. any damming of a river or stream, and diversion or taking of natural water, and any discharge of natural water into any other natural water, and any use of natural water referred to in section 31 of the Water and Soil Conservation Amendment Act 1973:
                      1. any right to dam, divert, take, discharge into, or use water granted under section 3 of the Clutha Development (Clyde Dam) Empowering Act 1982:
                        1. any right to take or use water granted under sections 4 or 5 of the Whakatane Paper Mills, Limited, Water Supply Empowering Act 1936 and transferred to the Whakatane Board Mills Limited by the Whakatane Board Mills Limited Water Supply Act 1961 that is in force and is exercisable by that company immediately before the date of commencement of this Act:
                        2. an approval by a territorial authority, under section 279 of the Local Government Act 1974, of a scheme plan of subdivision within the meaning of section 270 of that Act (or the approval of a plan of subdivision under the corresponding provisions of any former enactment).

                          Notes
                          • Section 365(d)(v): repealed, on , by section 164 of the Resource Management Amendment Act 1993 (1993 No 65).