Resource Management Act 1991

Transitional provisions - Transitional resource consents

383A: Existing permissions to allow use of beds of lakes and rivers

You could also call this:

"Rules about using lake and river beds if you already have permission"

If you have permission to use the bed of a lake or river, it will still be valid under the Resource Management Act 1991. This permission is like a resource consent, which is granted by the regional council, and it has the same conditions as before. You will be treated as if you were granted this consent under the Resource Management Act 1991 by the regional council.

You can only do things that your permission allows you to do if you also have all the other necessary permits, licences, or approvals that you needed before the Resource Management Act 1991 started. The Act has rules about what you can and cannot do with your permission.

If you have a resource consent, you can ask the regional council to change it within three years of the Act starting, so it includes conditions that could have been in a licence or permit before 1 October 1991, and so it allows you to do the activity you want to do, by applying under section 127(1).

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 It might be out of date or be missing some parts.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

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=DLM239855.

Topics:

Environment and resources > ConservationEnvironment and resources > Town planning

383: Existing permissions to become land use consents, or

"Old permissions for using land are now treated as new land use consents with the same rules."

384: Existing permissions to become coastal permits, or

"Old coastal permissions are now called coastal permits and must follow the new rules."

Part 15Transitional provisions
Transitional resource consents

383AExisting permissions to allow use of beds of lakes and rivers

Every Order in Council made under section 175 of the Harbours Act 1950 and every approval granted under section 178(1)(b) or (2) of that Act (or the corresponding provisions of any former enactment) in respect of any area in a region which is river bed or lake bed, and that is in force immediately before the date of commencement of this Act, shall be deemed to be a resource consent required under section 13, and to have been granted under this Act on the same conditions (including those set out in any enactment, whether or not repealed or revoked by this Act, except to the extent that they are inconsistent with the provisions of this Act) by the appropriate regional council; and the provisions of this Act shall apply accordingly.
Notwithstanding section 13 but subject to section 418(3), (3A), (3B), and (3C), a person who is the holder of a resource consent referred to in subsection (1) shall not thereby be authorised to carry out any activity referred to in section 13 except where that person also holds every other permission, licence, permit, or approval that, immediately before the date of commencement of this Act, he or she was legally required to hold in order to carry out the activity.
Notwithstanding subsection (2), every resource consent deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the consent, at any time within 3 years after the date of commencement of this Act, to apply to the relevant regional council under section 127(1) to change the permit for the purpose of including, as conditions of that permit, matters that could have been included in a licence, permit, or approval required before 1 October 1991 and of enabling the consent to authorise the activity.

Notes

Section 383A: inserted, on 7 July 1993, by section 175 of the Resource Management Amendment Act 1993 (1993 No 65).