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Resource Management Act 1991

Transitional provisions - Transitional regional plans

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

You could also call this:

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

When this law started, some existing rules became part of a new regional plan. This happened for areas in a region that weren’t in the coastal marine area. The regional plan started working right away when the law began.

The old rules that became part of the regional plan included things like:

  • Notices about saving water that were published in the government’s official newspaper.
  • Rules about water quality.
  • Rules about how much water can flow in rivers and streams.
  • Permissions for using water that were announced before.
  • Some local rules (called bylaws) about things like soil, rivers, water, land drainage, and clean air.
  • Notices about soil and river control that were announced in the two years before this law started.
  • Some specific rules about clean air in Christchurch and Canterbury.

These old rules became part of the new regional plan even if they had been cancelled by the new law. The regional plan will keep working until it’s changed according to the rules in this part of the 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=DLM239804.

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367: Effect of regional planning schemes, or

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

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369: Provisions deemed to be regional rules, or

“Rules that say what you can and can't do in your area are now part of the big plan for your region.”

Part 15 Transitional provisions
Transitional regional plans

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

  1. Where 1 or more instruments of the kind referred to in subsection (2) are in force in respect of any part of a region except in the coastal marine area immediately before the date of commencement of this Act, a regional plan (not being a regional coastal plan) shall be deemed to be constituted for that region, which plan shall—

  2. include as provisions of the plan such of those instruments as applied to that part of the region except in the coastal marine area (whether or not those instruments have been repealed or revoked by this Act); and
    1. be deemed to be operative from the date of commencement of this Act until it ceases to be operative in accordance with this Part.

      1. The instruments to which subsection (1) applies are as follows:

      2. local water conservation notices published in the Gazette under section 20H of the Water and Soil Conservation Act 1967:
        1. final water classifications notified under section 26F of the Water and Soil Conservation Act 1967 and classifications deemed to be classifications made under section 26E of that Act by section 25(2)(b) of the Water and Soil Conservation Amendment Act (No 2) 1971:
          1. maximum and minimum levels, minimum standards of quality, minimum acceptable flow, or maximum range of flow of any water, fixed under section 20J of the Water and Soil Conservation Act 1967:
            1. authorisations that have been notified under section 22 of the Water and Soil Conservation Act 1967:
              1. any bylaw made under—to the extent that the subject matter of the bylaw could be the subject matter of a regional rule:
                1. section 149 or section 150 of the Soil Conservation and Rivers Control Act 1941; or
                  1. section 34A of the Water and Soil Conservation Act 1967 or section 4 of the Water and Soil Conservation Amendment Act 1973; or
                    1. section 50 of the Land Drainage Act 1908; or
                      1. section 24(2) or section 55A of the Clean Air Act 1972—
                      2. notices under section 34(2) of the Soil Conservation and Rivers Control Amendment Act 1959 which were notified on or after the day that is 2 years before the date of commencement of this Act:
                        1. the Clean Air Zone (Christchurch) Order 1977 (except for clause 5G) and the Clean Air Zones (Canterbury Region) Order 1984 (except for clause 5), and sections 2, 7, 8, 10, 15, 16(1), 16(2), 17, 19, and 20 of, and Schedules 1 and 2 of, the Clean Air Act 1972 and the Clean Air (Smoke) Regulations 1975, in so far as they apply in relation to the clean air zones declared by those orders.