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Resource Management Act 1991

Transitional provisions - Subdivision and development

402: Existing subdivision approvals

You could also call this:

"Rules for subdivisions already approved before the Resource Management Act 1991"

If you have a subdivision that was already approved before this Act started, some rules do not apply to it. You might have had your subdivision approved under section 279 or section 305 of the Local Government Act 1974. These approvals are still valid.

Some parts of the Local Government Act 1974, like Parts 20 and 21, still apply to your subdivision. This is as if this Act had not been enacted.

If you had an approval under section 279 of the Local Government Act 1974, it is still in force. This is true even if someone can object under section 299 or appeal under section 300 or section 301. It is also true if someone has already objected or appealed.

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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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Environment and resources > Land useEnvironment and resources > Town planning
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403: Existing objections and appeals in relation to subdivisions, or

"What happens to subdivisions if you already objected or appealed before this law started"

Part 15Transitional 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.