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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.”
You could also call this:

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

This law is about how certain old rules become part of the new regional plans. Here’s what you need to know:

If an old rule allowed you to do something without needing permission, it’s now treated as a ‘permitted activity’ in the new regional plan. This means you can still do it without asking for permission.

If an old rule said you needed someone’s approval to do something, it’s now a ‘discretionary activity’ in the new regional plan. This means you’ll need to ask for permission to do it.

If an old rule stopped you from doing something or made it illegal, it’s now a ‘non-complying activity’ in the new regional plan. This means it’s very hard to get permission to do it.

These old rules only become part of the new regional plan if the regional council has told everyone about it publicly.

For water quality rules, the new regional plan must try to keep the water quality as good as the old rules said it should be. However, in some special cases, the council can give permission for activities that might lower the water quality temporarily.

If an old rule was about damming rivers or streams, you can still do this, but you need to get written permission from anyone whose land it might affect.

Some old rules about air quality zones are now part of the regional plan. The regional council can make rules about what fuel you can use and what equipment you can install in these zones.

The regional council can change these rules if they need to. You can object or appeal if you don’t agree with their decisions about fuel use in clean air zones.

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Next up: 370: Existing notices, bylaws, etc, to become regional coastal plans

or “ Old rules for the sea become temporary plans until new ones are made ”
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Part 15 Transitional provisions
Transitional regional plans

369Provisions deemed to be regional rules

  1. A provision that is deemed by section 368(1) to be a provision of a regional plan and that, expressly or by implication and whether or not subject to conditions,—

  2. authorises anything without further consent or approval being required from any person under any enactment, regulation, or order referred to in Schedules 6, 7, or 8, is deemed to be a regional rule in respect of a permitted activity; or
    1. authorises anything if the consent or approval of any person is obtained from any person under any enactment, regulation, or order referred to in Schedules 6, 7, or 8, is deemed to be a regional rule in respect of a discretionary activity; or
      1. prohibits anything, or provides that it is an offence to do or omit to do anything, is deemed to be a regional rule having the effect of making an activity to which that act or omission relates a non-complying activity—
          1. and the provisions of this Act shall apply accordingly.

        1. Notwithstanding subsection (1), a bylaw shall be deemed by subsection (1) to be a regional rule only if the regional council for the region concerned has publicly notified the relevant plan in accordance with section 376.

        2. Where provisions of a final water classification of the kind referred to in section 368(2)(b) are deemed to constitute provisions of a regional plan under section 368(1), the plan shall be deemed to include a regional rule requiring the minimum standards of water quality referred to in the classification to be maintained after reasonable mixing and a provision that the objective of that rule is to promote in the public interest the conservation and the best use of that water.

        3. A consent authority may grant a discharge permit, or a coastal permit to do something that would otherwise contravene section 15, that does not meet the minimum standards of water quality as required by the regional rule under subsection (3) if it is satisfied—

        4. that exceptional circumstances justify the granting of the permit; or
          1. the discharge is of a temporary nature; or
            1. the discharge is associated with necessary maintenance work—
                1. and that it is consistent with the purpose of this Act to do so.

              1. Without limiting section 113, where, in accordance with subsection (4), a consent authority grants a discharge permit that does not meet the minimum standards of water quality as required by a regional rule pursuant to subsection (3), the consent authority shall include in its decision its reasons for granting the permit.

              2. In addition to any other conditions imposed under this Act, a permit granted pursuant to subsection (4)(a) or (b) shall include conditions requiring the holder of the permit to undertake such works in such stages throughout the term of the permit as will ensure that upon the expiry of the permit the holder can meet the requirements of section 107(1) and of any relevant regional rules.

              3. Where provisions of an authorisation of the kind referred to in section 368(2)(d) are deemed to constitute provisions of a regional plan under section 368(1) and the authorisation authorises the damming of a river or stream, or rivers or streams within any specified area, the plan shall be deemed to include a regional rule to the effect that such an activity is a permitted activity, but no person shall exercise the rights conferred by any such authorisation so as to adversely affect any land owned or occupied by another person, without that other person's written consent.

              4. Where any provision of a bylaw of the kind referred to in section 368(2)(e)(i) or any provision of a notice of the kind referred to in section 368(2)(f) is deemed to constitute a provision of a regional plan under section 368(1) and the provision previously allowed any application for a permit or dispensation to be made without notice, that provision shall continue to apply: provided that, if the regional council considers special circumstances exist, it may, in its discretion, require any such application to be notified.

              5. Where provisions of a notice of the kind referred to in section 368(2)(f) are deemed to constitute provisions of a regional plan under section 368(1), the provisions shall cease to be operative on the expiry of 2 years from the date on which the notice was notified under section 34(2) of the Soil Conservation and Rivers Control Amendment Act 1959.

              6. Where the 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 are deemed to constitute the provisions of a regional plan under section 368(1), the plan shall be deemed to include—

              7. a rule to the effect that no permit shall be granted in contravention of such provisions; and
                1. a rule to the effect that the exercise of existing consents shall be affected in accordance with section 68(7).

                  1. Where an order of the kind referred to in section 368(2)(g) is deemed to constitute provisions of a regional plan under section 368(1), the plan shall be deemed to include a rule to the effect that the regional council may, by public notice,—

                  2. authorise or prohibit the use, in a clean air zone, of any class of fuel specified in the notice; and
                    1. authorise or prohibit the installation or use, in a clean air zone, of any class of fuel-burning equipment specified in the notice.

                      1. A regional plan deemed to be constituted under section 368 may, at any time, in accordance with Schedule 1, be changed so as to exclude or modify the application of any of subsections (3) to (11) to the plan.

                      2. Sections 357 to 358 (which deal with rights of objection and appeal against certain decisions) apply, with all necessary modifications, in respect of every public notice under subsection (11).

                      Notes
                      • Section 369(4): replaced, on , by section 166 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 369(4): amended, on , by section 61 of the Resource Management Amendment Act 1997 (1997 No 104).
                      • Section 369(5): replaced, on , by section 166 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 369(6): replaced, on , by section 166 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 369(7): replaced, on , by section 166 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 369(8): inserted, on , by section 166 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 369(9): inserted, on , by section 166 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 369(10): inserted, on , by section 166 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 369(11): inserted, on , by section 166 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 369(12): inserted, on , by section 166 of the Resource Management Amendment Act 1993 (1993 No 65).
                      • Section 369(13): inserted, on , by section 89 of the Resource Management Amendment Act 2003 (2003 No 23).
                      • Section 369(13): amended, on , by section 126 of the Resource Management Amendment Act 2005 (2005 No 87).