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Resource Management Act 1991

Transitional provisions - Transitional notices, directions, etc

381: Existing notices deemed to be abatement notices

You could also call this:

“Old rules that tell people to stop doing things are now treated as new rules that tell people to stop doing things.”

You should know that some notices from old laws are now treated as abatement notices under the new Resource Management Act. If you had a notice under the Water and Soil Conservation Act 1967 that limited your water use, or a notice under the Soil Conservation and Rivers Control Amendment Act 1959 about soil conservation, these are now considered abatement notices. The new Act applies to these notices, but you can’t appeal them under the new rules.

If you already had the right to appeal one of these old notices when the new Act started, you can still appeal it. The old rules for appeals will still work for these notices, even though the new Act is in place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239849.

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Part 15 Transitional provisions
Transitional notices, directions, etc

381Existing notices deemed to be abatement notices

  1. Subject to subsection (2), every notice given under any of the following enactments that is in force (whether or not subject to any appeal) immediately before the date on which this Act commences shall be deemed to be an abatement notice served on a person under section 322 and the provisions of this Act (other than those giving rights of appeal) shall apply accordingly:

  2. sections 24D and 24G of the Water and Soil Conservation Act 1967 (which authorises restrictions on and cessation of the exercise of rights relating to water):
    1. section 35 of the Soil Conservation and Rivers Control Amendment Act 1959 (which authorises requirements relating to soil conservation).

      1. Any right of appeal against a notice of a kind referred to in subsection (1) that exists at the date of commencement of this Act shall continue after that date as if the enactment giving that right continued in force.