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Resource Management Act 1991

Transitional provisions - Provisions relating to all plans

378: Proceedings in relation to plans

You could also call this:

"What happens to plans made under the old law when the new Resource Management Act started"

When the Resource Management Act 1991 started, some plans were already being made under the Town and Country Planning Act 1977. You can continue making these plans as if the old act was still in force. If you make any changes to these plans after 28 May 1992, you must consider the rules in the Resource Management Act 1991. Any changes made before this date are now valid, even if they were not valid before.

If you started making a plan before the Resource Management Act 1991 started, you can finish making it under the old rules or the new rules. When you finish, the plan will be valid under the new act. You can still appeal to the High Court if you do not agree with a decision, just like you could under the old act.

If a plan affects the coastal area, the regional council will take over the planning process. You can still make appeals or apply for reviews, just like you could under the old act, and the Environment Court can review decisions under section 294. You can also look at section 368(2) and section 427(7) for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239842.

Topics:
Environment and resources > Town planningEnvironment and resources > ConservationHousing and property > Land use
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Part 15Transitional provisions
Provisions relating to all plans

378Proceedings in relation to plans

  1. Subject to subsection (3), all proposed district schemes, combined schemes, and maritime planning schemes, and all changes and reviews, under the Town and Country Planning Act 1977 that were publicly notified but not operative before the date of commencement of this Act, and all variations (whether publicly notified before or after the commencement of this Act) to such proposed schemes, changes, or reviews may be continued and completed in all respects as if the Town and Country Planning Act 1977 continued in force, and, when completed, shall have effect under this Part as if they had been completed and made operative before the date of commencement of this Act.

  2. Notwithstanding subsection (1), any local authority shall take into account the provisions of this Act in relation to any variation publicly notified on or after 28 May 1992.

  3. All variations to which subsection (1) applies, whether or not completed before the commencement of this subsection, are hereby validated and declared to have been lawfully commenced, notwithstanding that they may have been held invalid in any judicial proceedings before the commencement of this subsection.

  4. For the purposes of section 294 (which provides for a review of its decision by an Environment Court), the validation of the variations under subsection (1B) is deemed to be a change of circumstances.

  5. All proceedings relating to the preparation, amendment, review, or revocation of any instrument referred to in section 368(2) that were commenced before the date of commencement of this Act and have not been completed at that date shall be continued and completed in all respects—

  6. in cases where they have been wholly or partly heard, as if the enactments repealed by this Act continued in force; and
    1. in all other cases, as if they had been commenced under this Act which shall apply accordingly,—
        1. and all such proceedings, when completed, shall have effect under this Part after they have been completed as if they had been completed before the date of commencement of this Act.

      1. Subject to section 427(7), where any proposed district scheme, maritime planning scheme, or combined scheme under the Town and Country Planning Act 1977, or change to or variation or review of any such scheme under that Act, relates solely or in part to the whole or any part of the coastal marine area of a region, all functions, powers, and duties under subsection (1) in relation to such proposed scheme, change, variation, or review, or part thereof, as the case may be, shall, on the date of commencement of this Act, transfer to the relevant regional council.

      2. Any person, who if this Act had not been enacted, had—

      3. a right of appeal to the High Court on a question of law; or
        1. a right to make any application for review—
            1. in respect of any proceedings to which subsection (1) or (2) applies shall continue to have that right, and that right may be exercised as if the enactments repealed by this Act continued in force.

          Notes
          • Section 378(1): replaced, on , by section 172 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 378(1A): inserted, on , by section 172 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 378(1B): inserted, on , by section 172 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 378(1C): inserted, on , by section 172 of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 378(1C): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).