Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Transitional provisions - Transitional resource consents

389: Existing applications

You could also call this:

“Unfinished requests for special permissions before the new law started are now treated as requests for resource consents”

If you made an application for certain permissions, licences, or permits before this Act started, and it wasn’t approved, declined, or withdrawn yet, it’s treated as if you applied for a resource consent. This Act will apply to your application, but there are some special rules to follow.

This doesn’t apply to all applications though. If you applied for approval of a subdivision plan, an Order in Council to reclaim land or do harbour works, an approval or licence under the Clean Air Act 1972, or a lease or licence under the Marine Farming Act 1971, different rules apply to those. You can find information about those rules in other sections of this Act.

Remember, if your application would have become a resource consent if it was approved before this Act started, it will be treated as an application for that type of resource consent now. The council will look at your application following the rules in section 88 of this Act, but they also need to consider some special rules in sections 390, 390A, 390B, and 390C.

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 It might be out of date or be missing some parts.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

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

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
Previous

388: Requirement to supply information, or

“People using special permits must tell the authorities about what they're doing and how it affects nature when asked”

Next

390: Application being heard, or

“If a hearing for a permission request started before this law came into effect, it will be finished under the old rules, but the result will count as a new resource consent.”

Part 15 Transitional 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).