Resource Management Act 1991

Transitional provisions - Transitional district plans

373: Existing district and maritime schemes to become district plans

You could also call this:

"Old rules become part of new district plans under the Resource Management Act 1991."

When the Resource Management Act 1991 started, some rules from the Town and Country Planning Act 1977 were still in place. If a district had rules under the old act, these rules became part of a new district plan. You will have a district plan that includes the old rules and it will be in force from the start of the new act. The plan will keep being in force until it is changed or replaced according to the new act.

If a proposed plan or change to a plan was already notified to the public before the new act started, it will be considered a proposed plan under the new act, except for the purposes of section 378. If a district did not have any rules or proposed rules under the old act, every use of land will be considered a discretionary activity under the new act. This means that people will need to apply for permission to use their land in certain ways.

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239827.

Topics:

Environment and resources > Town planningHousing and property > Land use

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."

374: Provisions deemed to be district rules, or

"Rules from old plans can still apply to your land under the new district plan"

Part 15Transitional provisions
Transitional district plans

373Existing district and maritime schemes to become district plans

Where any operative district scheme or combined scheme or maritime planning scheme under the Town and Country Planning Act 1977 is in force in respect of the whole or any part of a district immediately before the date of commencement of this Act, a district plan shall be deemed to be constituted for that district, which plan shall—
include as provisions of the plan such of the provisions of those schemes as apply to the district; and
be deemed to be operative from the date of commencement of this Act until it ceases to be operative in accordance with this Act.

Where any proposed district scheme, combined scheme, or maritime planning scheme, or any change, review, or variation under the Town and Country Planning Act 1977 in respect of the whole or part of a district has been publicly notified before the date of commencement of this Act, a proposed plan shall be deemed to be constituted for that district, except for the purposes of section 378.
Repealed
Where, immediately before the date of commencement of this Act,—
no operative district scheme, combined scheme, or maritime planning scheme under the Town and Country Planning Act 1977 is in force; and
no proposed district scheme, combined scheme, or maritime planning scheme, or proposed change or variation, under that Act has been publicly notified—

Notes

Section 373(2): replaced, on 7 July 1993, by section 169(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 373(3): repealed, on 7 July 1993, by section 169(2) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 373(4): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 373(4): amended, on 7 July 1993, by section 169(3) of the Resource Management Amendment Act 1993 (1993 No 65).