Resource Management Act 1991

Transitional provisions - Transitional resource consents

386: Existing rights and authorities under Water and Soil Conservation Act 1967

You could also call this:

“Old water-use rights become new permits with time limits and special rules”

You need to know about existing rights and authorities related to water and soil conservation. These rights and authorities become different kinds of permits under the new law.

If you had a right or authority before this law started, it becomes a coastal permit, water permit, or discharge permit. These new permits have the same conditions as the old ones.

Some permits have expiry dates. If your permit came from an existing right, it will end 35 years after this law starts. If it came from an existing authority, it will end 10 years after this law starts.

There are some special rules for these permits:

  • Only the regional council can ask for an enforcement order against you if you have a permit from an existing authority.
  • You can’t move your permit to a different location.
  • You can apply for a new permit to replace your old one at any time.

If you have a permit for geothermal water, there are extra rules about how you can use it.

These rules don’t apply to mining privileges.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239872.

Topics:
Environment and resources > Conservation
Environment and resources > Climate and energy
Government and voting > Local councils

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Part 15 Transitional provisions
Transitional resource consents

386Existing rights and authorities under Water and Soil Conservation Act 1967

  1. Except as provided in subsections (2) to (7),—

  2. every right—(in this section called an existing right); and
    1. granted under section 21(3) of the Water and Soil Conservation Act 1967; or
      1. deemed to be so granted by virtue of section 58(1) of the Water and Soil Conservation Amendment Act 1988; or
        1. referred to in subparagraph (vii) of section 365(d)—
        2. every authority under section 21(2) or section 21(2A) of the Water and Soil Conservation Act 1967 (in this section called an existing authority); and
          1. every right—(in this section called an existing authority)—
            1. referred to in section 21(1) of that Act that was granted during the period commencing on 10 September 1966 and ending with 31 December 1968; or
              1. expressly authorised by any other Act (other than the Tasman Pulp and Paper Company Enabling Act 1954) or Provincial Ordinance before the passing of that Act in respect of any specified water; or
                1. referred to in subparagraphs (vi) or (viii) of section 365(d); or
                  1. deemed to be granted under section 21(3) of the Water and Soil Conservation Act 1967 by virtue of section 25(2)(d) of the Water and Soil Conservation Amendment Act (No 2) 1971
                  2. that is in force immediately before the date of commencement of this Act shall be deemed to be—
                  3. a coastal permit, where it relates to a coastal marine area; or
                    1. where it does not relate to a coastal marine area—
                      1. a water permit, if it authorises something that would otherwise contravene section 14; or
                        1. a discharge permit, if it authorises something that would otherwise contravene section 15
                        2. granted under this Act on the same conditions (including those set out in any enactment whether or not repealed or revoked by this Act) by the appropriate consent authority; and the provisions of this Act shall apply accordingly.

                        3. Where a permit resulting from an existing right would, but for this subsection, not expire by the 35th anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the 35th anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration.

                        4. Where a permit resulting from an existing authority would, but for this subsection, not expire by the tenth anniversary of the date of commencement of this Act, the permit shall be deemed to include a condition to the effect that it finally expires on the tenth anniversary of the date of commencement of this Act, and that condition shall have effect in place of any other provision as to duration.

                        5. No enforcement order may be made under section 319 against the holder of any permit resulting from an existing authority in respect of any activity to which the permit relates except upon an application under section 316 made by the relevant regional council.

                        6. No permit resulting from an existing authority shall be transferable from site to site.

                        7. The holder of a permit resulting from an existing authority may, in order to replace that permit, apply at any time under Part 6 for another permit in respect of the activity to which the first-mentioned permit relates.

                        8. Notwithstanding section 14(3)(a), a water permit for the taking or use of geothermal water deemed to be granted by subsection (1)—

                        9. does not authorise any person to take or use such geothermal water except where such taking or use is also authorised by—
                          1. a water permit or coastal permit deemed to be granted by virtue of section 387; or
                            1. a water permit or coastal permit granted in respect of an application for a licence under the Geothermal Energy Act 1953, by virtue of the operation of section 389; and
                            2. notwithstanding paragraph (a), shall be deemed to include a condition enabling the holder of the permit, at any time within 2 years after the date of commencement of this Act, to apply to the consent authority 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 granted under the Geothermal Energy Act 1953, and of enabling that permit to authorise the taking or use of geothermal water.
                              1. Nothing in this section applies in respect of any mining privilege within the meaning of section 413(1).

                              Notes
                              • Section 386(1)(a)(iii): amended, on , by section 179(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                              • Section 386(1)(c)(iii): amended, on , by section 179(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                              • Section 386(1)(c)(iv): inserted, on , by section 179(3) of the Resource Management Amendment Act 1993 (1993 No 65).
                              • Section 386(2): replaced, on , by section 179(4) of the Resource Management Amendment Act 1993 (1993 No 65).
                              • Section 386(3): replaced, on , by section 179(4) of the Resource Management Amendment Act 1993 (1993 No 65).