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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 town plans become new district plans when the law changes”

When the Resource Management Act 1991 starts, any district scheme, combined scheme, or maritime planning scheme that is already working in a district will become a district plan for that area. This new district plan will include the rules from the old schemes and will start working right away.

If there was a new district scheme, combined scheme, or maritime planning scheme that people knew about before the new Act started, it will become a proposed plan for that district. This doesn’t apply to section 378.

If there were no working schemes and no new schemes that people knew about when the Act started, then any way you use land in that district will be treated as something that needs special permission.

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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 planning
Government and voting > Local councils
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“The Minister can tell councils how to handle special activities in coastal areas.”

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374: Provisions deemed to be district rules, or

“Old planning rules are now treated as new district rules for different kinds of activities.”

Part 15 Transitional provisions
Transitional district plans

373Existing district and maritime schemes to become district plans

  1. 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—

  2. include as provisions of the plan such of the provisions of those schemes as apply to the district; and
    1. be deemed to be operative from the date of commencement of this Act until it ceases to be operative in accordance with this Act.

      1. 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.

      2. Repealed

      3. Where, immediately before the date of commencement of this Act,—

      4. no operative district scheme, combined scheme, or maritime planning scheme under the Town and Country Planning Act 1977 is in force; and
        1. no proposed district scheme, combined scheme, or maritime planning scheme, or proposed change or variation, under that Act has been publicly notified—
            1. in respect of any district, then, for the purposes of this Act every use of land shall be deemed to be a discretionary activity.

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