Resource Management Act 1991

Transitional provisions

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

You could also call this:

“This law stops old plans and rules from working when the new law starts.”

From the day this Act starts, many existing plans and permissions will no longer work. This includes regional planning schemes, maritime planning schemes, district schemes, and combined schemes that were made under the Town and Country Planning Act 1977.

The Act also stops certain instruments, permissions, and bylaws from working. These are mentioned in other parts of the Act, like section 368(2), section 370(2), sections 383 to 387 and 402, and section 424(2), (3), (4), or (8).

Designations, requirements, and protection notices under old laws will also stop working. This includes notices from the Town and Country Planning Act 1977 and the Historic Places Act 1980.

The Act also cancels notices and directions from some old water and soil conservation laws. It stops current mining privileges and rights that were given under old water and soil conservation laws.

These changes happen unless the Act or any regulations say something different.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239800.

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

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365: Meaning of permission, or

“This explains what counts as permission under old laws for things like building, using water, or releasing pollutants.”


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367: Effect of regional planning schemes, or

“Old regional plans still matter a bit until new ones are made”

Part 15 Transitional provisions

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

  1. Except as otherwise provided in this Part or in any regulations, from the date of commencement of this Act each of the following shall cease to have any effect:

  2. every proposed or operative regional planning scheme, maritime planning scheme, district scheme, and combined scheme under the Town and Country Planning Act 1977:
    1. every instrument referred to in section 368(2) or section 370(2):
      1. every permission referred to in any of sections 383 to 387 and 402:
        1. every bylaw referred to in section 424(2), (3), (4), or (8):
          1. every designation or requirement under the Town and Country Planning Act 1977 and every protection notice under section 36 of the Historic Places Act 1980:
            1. every notice or direction under any of the following provisions:
              1. section 24D or section 24G of the Water and Soil Conservation Act 1967:
                1. section 35 of the Soil Conservation and Rivers Control Amendment Act 1959:
                2. every—
                  1. current mining privilege within the meaning of section 2 of the Water and Soil Conservation Amendment Act 1971; and
                    1. right granted under the Water and Soil Conservation Act 1967 on an application made under section 18 of the Water and Soil Conservation Amendment Act 1971.
                    Notes
                    • Section 366(d): amended, on , by section 165 of the Resource Management Amendment Act 1993 (1993 No 65).