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Resource Management Act 1991

Transitional provisions - Transitional regional coastal plans

371: Provisions deemed to be regional rules

You could also call this:

“Some old rules about coastal areas are now treated like new rules to help manage activities near the sea.”

When you look at old plans for towns and cities, some parts of those plans are now treated as rules for the coastal areas. Here’s how that works:

If the old plan said you needed permission to do something, it’s now treated as a rule where you need permission to do that thing in the coastal area.

If the old plan said you could do something but with some controls, it’s now a rule that says you can do that thing but with those same controls.

If the old plan said you needed special approval to do something, it’s now a rule that says you need special approval to do that in the coastal area.

The Minister of Fisheries made some decisions about fish farming. Those decisions are now treated as rules. If the Minister said you can’t do fish farming in certain areas, that’s now a rule that says you can’t do it there.

The Minister also made decisions about catching baby shellfish (called spat). If the Minister said you need your own space to do this, that’s now a rule that says you need permission. If you don’t need your own space, you can do it without asking.

Some old rules about telling people about changes still apply. If an old rule said you didn’t need to tell anyone about some changes, you still don’t need to tell anyone.

All of these new rules apply to old plans, even if those plans were still being worked on when this new law started.

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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 > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Business > Industry rules
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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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372: Power of Minister of Conservation to give directions relating to restricted coastal activities, or

“The Minister can tell councils how to handle special activities in coastal areas.”

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).