Resource Management Act 1991

Transitional provisions - Transitional district plans

375: Transitional provisions for public utilities

You could also call this:

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

When a district plan is made, it must include rules about public utilities. You need to know what public utilities are allowed in your area. These utilities include things like electricity lines and gas pipes.

Some public utilities are automatically allowed in your area, like transformers and lines for electricity up to 110 KV. You can also have household connections to gas, water, and sewer pipes. Other allowed utilities are water and irrigation pipes, and lines as defined by the Telecommunications Act 2001.

Some utilities are not automatically allowed, but can be permitted if the council thinks it’s a good idea. These include high-voltage electricity lines and pipes for transmitting natural gas. The council must be satisfied that the location is suitable before allowing these utilities.

The rules about public utilities can be changed or excluded at any time, according to Schedule 1. These rules will stop applying when a new district plan becomes operative, unless it was made under section 373.

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374: Provisions deemed to be district rules, or

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


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Part 15 Transitional provisions
Transitional district plans

375Transitional provisions for public utilities

  1. Subject to subsection (2), every district plan or any proposed district plan constituted under section 373 shall be deemed to include—

  2. a rule that each of the following is a permitted activity throughout the district:
    1. transformers and lines for conveying electricity at a voltage up to and including 110 KV with a capacity up to and including 100 MVA:
      1. household, commercial, and industrial connections to gas, water, drainage, and sewer pipes:
        1. water and irrigation races, drains, channels, and pipes and necessary incidental equipment:
          1. lines as defined by section 5 of the Telecommunications Act 2001:
            1. pipes for the distribution (but not transmission) of natural or manufactured gas at a gauge pressure not exceeding 2 000 kilopascals and necessary incidental equipment, including household connections and compressor stations:
              1. pipes for the conveyance or drainage of water or sewage, and necessary incidental equipment including household connections:
                1. lighthouses, navigational aids, and beacons; and
                2. a rule that each of the following is a discretionary activity throughout the district and shall be allowed upon the condition that the territorial authority is satisfied that the proposed location is suitable, namely:
                  1. transformers and lines for conveying electricity at a voltage exceeding 110 KV and a capacity exceeding 100 MVA:
                    1. pipes for the transmission of natural or manufactured gas at a gauge pressure exceeding 2 000 kilopascals and necessary incidental equipment, including compressor stations.
                    2. The application of this section may be excluded or modified at any time in accordance with Schedule 1.

                    3. This section shall cease to have effect in a district on the date that the proposed district plan for the district becomes operative, not being a proposed district plan constituted under section 373.

                    Notes
                    • Section 375(1): amended, on , by section 171(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 375(1)(a)(iv): replaced, on , by section 128 of the Resource Management Amendment Act 2005 (2005 No 87).
                    • Section 375(2): replaced, on , by section 171(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 375(3): replaced, on , by section 171(2) of the Resource Management Amendment Act 1993 (1993 No 65).