Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Transitional provisions - Transitional regional coastal plans

371: Provisions deemed to be regional rules

You could also call this:

“Rules that apply to coastal areas are treated like regional rules”

You need to know some rules about regional coastal plans. These plans have rules that are like regional rules. They control what you can do in certain areas.

Some rules are about controlled activities. These are things you can do, but you need to follow some controls. For example, you might need a permit to do something.

Other rules are about discretionary activities. These are things you might be allowed to do, but you need to ask for permission first. You might need to apply for approval or a dispensation.

The Minister of Fisheries can make some decisions too. They can decide if marine farming is allowed in certain areas. They can also decide if spat catching is a controlled or permitted activity.

Some old rules still apply, even if they were made under a different law. These rules are about things like applications and notices. They still apply, even if the law has changed.

These rules apply to regional coastal plans, and to some other plans too. They apply to plans that were made under the Town and Country Planning Act 1977. They also apply to changes or variations to those plans.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239819.

Topics:
Environment and resources > Town planning Environment and resources > Conservation Housing and property > Land use
Previous

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

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

Next

372: Power of Minister of Conservation to give directions relating to restricted coastal activities, or

"The Minister of Conservation can instruct regional councils on managing certain coastal activities."

Part 15 Transitional provisions
Transitional regional coastal plans

371Provisions deemed to be regional rules

  1. A provision of a district scheme or a combined scheme under the Town and Country Planning Act 1977 that is deemed by section 370 to be a provision of a regional coastal plan shall also be deemed to be—

  2. a regional rule in respect of a controlled activity where, under the district scheme or combined scheme, the provision provided for specified controls and powers in respect of any controlled use within the meaning of the Town and Country Planning Act 1977:
    1. a regional rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for approval as a conditional use within the meaning of the Town and Country Planning Act 1977:
      1. a regional rule in respect of a discretionary activity where the provision of the district scheme or combined scheme required an application for dispensation from any provisions of the scheme in accordance with section 76 of the Town and Country Planning Act 1977—
          1. and the provisions of this Act shall apply accordingly.

        1. Any determination by the Minister of Fisheries described in section 370(2)(b) shall be deemed to be a regional rule having the effect of making marine farming within the meaning of the Marine Farming Act 1971 a prohibited activity in any areas specified in that determination.

        2. Any declaration by the Minister of Fisheries described in section 370(2)(d) shall be deemed to be a regional rule having the effect of making spat catching—

        3. a controlled activity, when the person carrying on the activity requires exclusive occupation of the area specified in the determination; or
          1. a permitted activity, in every other case.

            1. Except as provided in subsections (1) and (2), sections 368 and 369 shall apply in respect of regional coastal plans as if every reference in those sections to—

            2. a regional plan, were a reference to a regional coastal plan; and
              1. section 368(1), were a reference to section 370(1); and
                1. subject to section 370(4), section 65, were a reference to section 64; and
                  1. a discharge permit, were a reference to a coastal permit to do something that would otherwise contravene section 15.

                    1. Where any former district scheme or combined scheme provided, in accordance with section 36(7) of the Town and Country Planning Act 1977, that any application or class of application could be made without notice, that provision shall continue to apply.

                    2. Subsections (1) to (4) shall apply, with all necessary modifications, in respect of a provision of any proposed district scheme or combined scheme or maritime planning scheme, or any change, review, or variation, under the Town and Country Planning Act 1977 that has been publicly notified before the date of commencement of this Act and to any variation, publicly notified under section 378(1).

                    Notes
                    • Section 371 heading: amended, on , by section 168 of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 371(1)(c): replaced, on , by section 168(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 371(2A): inserted, on , by section 168(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 371(3)(c): replaced, on , by section 168(3) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 371(3)(d): inserted, on , by section 168(3) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 371(5): inserted, on , by section 168(4) of the Resource Management Amendment Act 1993 (1993 No 65).