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 and soil rights are still valid under the new Resource Management Act"

When the Resource Management Act 1991 started, you had rights and authorities under the Water and Soil Conservation Act 1967. These rights and authorities are now called existing rights and existing authorities. You can still use them, but now they are like permits under the new Act.

If you have an existing right, it becomes a coastal permit if it is for a coastal marine area. If it is not for a coastal marine area, it becomes a water permit or a discharge permit. These permits have the same conditions as before and are granted by the appropriate consent authority.

Some permits will expire on a certain date, even if they did not have an expiry date before. For example, some permits will expire 35 years after the Resource Management Act 1991 started, and some will expire 10 years after it started.

You cannot transfer some permits from one site to another. But you can apply for a new permit to replace an existing one. You can do this at any time, and you can apply under Part 6 of the Act.

There are special rules for geothermal water permits. These permits do not allow you to take or use geothermal water unless you also have another permit. But you can apply to change your permit to include conditions that would have been in a licence under the Geothermal Energy Act 1953.

None of these rules apply to mining privileges, which are dealt with under section 413(1).

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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=DLM239872.

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use

385: Existing clean air permissions to become discharge permits, or

"Old air pollution rules become new discharge permits with the same conditions."

387: Existing geothermal licences and authorisations deemed to be water permits, or

"Old geothermal licences are now treated like water permits under the Resource Management Act 1991."

Part 15Transitional provisions
Transitional resource consents

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

Except as provided in subsections (2) to (7),—
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
2. deemed to be so granted by virtue of section 58(1) of the Water and Soil Conservation Amendment Act 1988; or
3. referred to in subparagraph (vii) of section 365(d)—
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
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
2. 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
3. referred to in subparagraphs (vi) or (viii) of section 365(d); or
4. 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—
a coastal permit, where it relates to a coastal marine area; or
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
2. a discharge permit, if it authorises something that would otherwise contravene section 15—

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.
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.
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.
No permit resulting from an existing authority shall be transferable from site to site.
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.
Notwithstanding section 14(3)(a), a water permit for the taking or use of geothermal water deemed to be granted by subsection (1)—
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
2. 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
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.

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 7 July 1993, by section 179(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 386(1)(c)(iii): amended, on 7 July 1993, by section 179(2) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 386(1)(c)(iv): inserted, on 7 July 1993, by section 179(3) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 386(2): replaced, on 7 July 1993, by section 179(4) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 386(3): replaced, on 7 July 1993, by section 179(4) of the Resource Management Amendment Act 1993 (1993 No 65).