Resource Management Act 1991

Transitional provisions - Transitional district plans

374: Provisions deemed to be district rules

You could also call this:

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

When a district scheme or combined scheme is changed to a district plan, you need to know what happens to its rules. A rule from the old scheme can become a district rule in the new plan. This happens when the rule controls or restricts what you can do with your land.

If a rule says you can do something without asking for permission, it becomes a permitted activity. If a rule says you need to ask for permission to do something, it becomes a discretionary activity. If a rule says you cannot do something, it becomes a non-complying activity.

Some rules from the old scheme will still apply, even if they are not specifically mentioned in the new plan. These rules can control what you can do with your land, and you may need to ask for permission to do certain things. You can find more information about these rules in the Town and Country Planning Act 1977 and the Resource Management Act 1991.

The rules that apply to your land can be found in the district plan, and they can be changed over time. You can find more information about how these rules are changed in section 373 and section 378(1) of the Resource Management Act 1991. The Schedules 6, 7, and 8 of the Act also have more information about the rules that apply to your land.

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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=DLM239831.

Topics:

Environment and resources > Town planningEnvironment and resources > Land use

373: Existing district and maritime schemes to become district plans, or

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

375: Transitional provisions for public utilities, or

"Rules for public utilities like electricity and water pipes when a new district plan is made"

Part 15Transitional provisions
Transitional district plans

374Provisions deemed to be district rules

A provision of a district scheme or combined scheme that is deemed by section 373 to be a provision of a district plan shall be deemed to be—
a district 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; or
a district 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; or
a district 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—

Where a 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.
Except as otherwise provided in subsection (1), a provision that is deemed by section 373 to be a provision of a district plan and that, expressly or by implication and whether or not subject to conditions,—
authorised anything without further consent or approval from the former consent authority being required, is deemed to be a district rule in respect of a permitted activity; or
authorised anything if the consent or approval of the former consent authority was obtained, is deemed to be a district rule in respect of a discretionary activity; or
prohibited anything, or provided that it was an offence to do or not to do anything, is deemed to be a district rule having the effect of making an activity to which the act or omission relates a non-complying activity,—

Where a plan or proposed plan or change is deemed to be constituted under section 373, the plan shall be deemed to include a rule to the effect that every activity which—
is not specifically referred to in the plan; and
immediately before the commencement of this Act, was subject to—which, because of the coming into force of this Act, can no longer be exercised or enforced—
1. controls, restrictions, or prohibitions and required the consent or approval of any person or body under any enactment or regulation referred to in Schedules 6 or 7 or 8; or
2. any order, bylaw, or scheme or any other exercise of delegated authority (however described) and made or exercisable under any such enactment or regulation—

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 374(1)(c): replaced, on 7 July 1993, by section 170(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 374(4): replaced, on 7 July 1993, by section 170(2) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 374(5): inserted, on 7 July 1993, by section 170(2) of the Resource Management Amendment Act 1993 (1993 No 65).