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Resource Management Act 1991

Transitional provisions

367: Effect of regional planning schemes

You could also call this:

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

When you’re a regional council or territorial authority, you need to consider the rules from an old regional planning scheme when you’re doing your jobs. These jobs are described in sections 30 and 31. You should follow these old rules as long as they don’t clash with Part 2 of the current law.

However, you don’t have to follow these old rules forever. You can stop considering them once you have two things: a new proposed regional policy statement, and an active regional coastal plan for areas that include the coast. The coastal plan needs to be a new one, not an old one that’s been carried over from before.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239802.

Topics:
Environment and resources > Town planning
Environment and resources > Conservation
Government and voting > Local councils
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366: Effect of this Act on existing schemes, consents, etc, or

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

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368: Existing notices, bylaws, etc, to become regional plans, or

“Old rules and notices about water, air, and land now become part of the new regional plan.”

Part 15 Transitional provisions

367Effect of regional planning schemes

  1. Except as provided in subsection (2), every regional council and territorial authority, in carrying out any of its functions described in sections 30 and 31, shall have regard to the provisions of a regional planning scheme approved under section 24 of the Town and Country Planning Act 1977 in respect of the region or district immediately before the date of commencement of this Act, to the extent that those provisions are not inconsistent with Part 2.

  2. Subsection (1) shall cease to apply to a regional council or territorial authority once there is, in respect of the relevant region or district,—

  3. a proposed regional policy statement; and
    1. in the case of a region which includes a coastal marine area, an operative regional coastal plan (other than a regional coastal plan deemed to be constituted under section 370(1)) in respect of the coastal marine area.