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Resource Management Act 1991

Transitional provisions - Transitional resource consents

389: Existing applications

You could also call this:

"What happens to applications made before the Resource Management Act 1991 started"

If you made an application before this Act started, it might still be looked at. You would have applied for something like a permission, licence, or permit. This application would have been for something related to the coastal marine area or other areas.

If your application was not granted, declined, or withdrawn before this Act started, it will be treated like a new application. This new application will be for a resource consent, which is what this Act is about. You can find more information about resource consents in sections 383 to 387. This Act will apply to your application, but there are some exceptions in sections 390, 390A, 390B, and 390C.

There are some applications that this rule does not apply to. You can find these exceptions in section 404, section 393, sections 391 and 391A, and section 397. These exceptions are for things like approvals, licences, and leases under other Acts. If your application is one of these exceptions, this rule will not apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239887.

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Part 15Transitional provisions
Transitional resource consents

389Existing applications

  1. Where—

  2. an application had been made, before the date of commencement of this Act, for—
    1. a permission (other than a permission referred to in subsection (2)); or
      1. a licence or permit under any of sections 146A, 156, 162, and section 165 of the Harbours Act 1950 in relation to the coastal marine area; and
      2. the application had not been granted, declined, or withdrawn before the date of commencement of this Act; and
        1. if the permission, licence, or permit had been granted before the date of commencement of this Act it would have become a resource consent under any of sections 383 to 387—
            1. the application shall be deemed, for the purposes of section 88, to be an application for a resource consent of the appropriate kind; and, subject to sections 390, 390A, 390B, and 390C, this Act shall apply accordingly.

          1. This section shall not apply to any of the following:

          2. an application for approval of a scheme plan of subdivision (to which section 404 applies); or
            1. an application for an Order in Council to reclaim land or to carry out harbour works (to which section 393 applies); or
              1. an application for an approval or a licence within the meaning of the Clean Air Act 1972 (to which sections 391 and 391A apply); or
                1. an application for a lease or licence under the Marine Farming Act 1971 (to which section 397 applies).

                  Notes
                  • Section 389: replaced, on , by section 181 of the Resource Management Amendment Act 1993 (1993 No 65).