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Resource Management Act 1991

Transitional provisions - Transitional district plans

375: Transitional provisions for public utilities

You could also call this:

“Rules about what utilities can be built without special permission and what needs approval”

Every district plan or proposed district plan must include certain rules about public utilities. These rules say what activities are allowed and what activities need special permission.

You can do these things anywhere in the district without needing special permission:

  • Install electricity lines and transformers up to 110,000 volts and 100 MVA
  • Connect houses, shops, and factories to gas, water, sewage, and drainage pipes
  • Build water and irrigation channels, drains, and pipes
  • Put up telephone and internet lines
  • Install gas pipes (but not big transmission pipes) that operate at less than 2,000 kilopascals of pressure
  • Install water and sewage pipes
  • Build lighthouses, navigation aids, and beacons

You need to ask the local council for permission to:

  • Install bigger electricity lines and transformers (more than 110,000 volts and 100 MVA)
  • Install big gas transmission pipes that operate at more than 2,000 kilopascals of pressure

The council will decide if these bigger utilities can be put in a certain place.

These rules can be changed using the process in Schedule 1 of the law.

These rules will stop applying in an area when a new district plan for that area becomes official, as long as it’s not a plan made under section 373 of this law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239834.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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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.”

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376: Transitional plans to be notified and available, or

“Plans that existed before are now official and must be shared with everyone.”

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).