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Resource Management Act 1991

Transitional provisions - Subdivision and development

402: Existing subdivision approvals

You could also call this:

“Old rules still apply to subdivisions that were already approved before the new law started”

You should know that some subdivisions approved before this law came into effect are not affected by section 11 or Part 10 of this Act. This applies if the subdivision had an approval for a scheme plan under section 279 of the Local Government Act 1974, or an approval for a survey plan under section 305 of that Act.

For these subdivisions, Parts 20 and 21 of the Local Government Act 1974 will still apply as if this new Act hadn’t been made.

An approval under section 279 of the Local Government Act 1974 is considered to be in force even if someone has the right to object under section 299 or the right to appeal under section 300 or section 301 of that Act. It’s also considered in force even if someone has used their right to object or appeal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240355.

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Part 15 Transitional provisions
Subdivision and development

402Existing subdivision approvals

  1. Nothing in section 11 or Part 10 shall apply to any subdivision in respect of which there is in force immediately before the commencement of this Act—

  2. an approval under section 279 of the Local Government Act 1974 of a scheme plan; or
    1. an approval under section 305 of that Act of a survey plan.

      1. Parts 20 and 21 of the Local Government Act 1974 shall continue to apply to any subdivision referred to in subsection (1) as if this Act had not been enacted.

      2. For the purposes of subsection (1), an approval under section 279 of the Local Government Act 1974 shall be deemed to be in force notwithstanding—

      3. that there exists a right of objection under section 299 of that Act or a right of appeal under section 300 or section 301 of that Act; or
        1. that any such right of objection or that any such right of appeal has been exercised by any person.