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Resource Management Act 1991

Transitional provisions - Transitional regional coastal plans

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

You could also call this:

"Old coastal rules become part of a new regional coastal plan."

When the Resource Management Act 1991 started, some rules and plans were already in place. You will see these become part of a regional coastal plan. This plan includes rules from before the Act started, like district schemes and maritime planning schemes under the Town and Country Planning Act 1977. It also includes determinations from the Minister of Fisheries.

The regional coastal plan is in effect from when the Act started. It stops being in effect when a new regional coastal plan is made, following the rules set out in Schedule 1. If someone had already proposed changes to a district scheme or maritime planning scheme before the Act started, these changes become part of a proposed regional coastal plan.

Only certain people can ask to change a regional coastal plan, like the Minister of Conservation or a territorial authority. However, this rule does not apply in some situations, such as when a request is made under subpart 4 of Part 7A. You can find more information about regional coastal plans in the Resource Management Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239815.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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369: Provisions deemed to be regional rules, or

"Rules that help keep our environment healthy and are part of regional plans"

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371: Provisions deemed to be regional rules, or

"Rules that apply to coastal areas are treated like regional rules"

Part 15Transitional provisions
Transitional regional coastal plans

370Existing notices, bylaws, etc, to become regional coastal 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 within the coastal marine area immediately before the date of commencement of this Act, 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 within 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; and
      1. cease to be operative on the date upon which a regional coastal plan prepared in the manner set out in Schedule 1 becomes operative for that region.

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

        2. operative district schemes, combined schemes, and maritime planning schemes under the Town and Country Planning Act 1977:
          1. determinations of the Minister of Fisheries under section 4(2) of the Marine Farming Act 1971 and notified in the Gazette under section 4(4) of that Act that any areas shall not be available for leasing or licensing under that Act:
            1. instruments of the kinds referred to in section 368(2):
              1. declarations notified in the Gazette by the Minister of Fisheries under section 14E of the Marine Farming Act 1971 that an area is a spat-catching area.

                1. Where, in respect of the whole or any part of the coastal marine area of a region, any provision of a proposed district scheme, maritime planning scheme, or combined scheme, or any proposed change or variation or review, under the Town and Country Planning Act 1977 has been publicly notified before the date of commencement of this Act, that provision shall be deemed to constitute a provision of a proposed regional coastal plan for that region.

                2. Notwithstanding section 64(4), a request under clause 21 of Schedule 1 to a regional council to change a regional coastal plan deemed to be constituted under subsection (1) may only be made by one of the following persons:

                3. the Minister of Conservation:
                  1. the territorial authority for any district that is within or adjoins the relevant region.

                    1. However, subsection (4) does not apply to a plan change request made under subpart 4 of Part 7A.

                    Notes
                    • Section 370(2)(d): inserted, on , by section 167(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 370(3): amended, on , by section 167(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 370(4): replaced, on , by section 167(3) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 370(5): inserted, on , by section 58 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).