Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Transitional provisions - Current mining privileges relating to water

415: Acquisition of deemed permits

You could also call this:

“Regional councils can get special water permits through different ways, like buying them or making agreements.”

You have the right to know about how regional councils can get deemed permits. A deemed permit is a special kind of permission for using water. Regional councils can take, buy, or get these permits in two ways. They can either use the Public Works Act 1981 to get them as a public work, or they can make an agreement with the permit holder or use other methods.

Sometimes, a deemed permit might be moved to a new place. Even if this happens, the law still sees it as a chattel interest in land. This means it’s treated like a movable piece of property that’s connected to the land. When describing this interest in land, you can simply say it’s the whole interest created by the permit. You can also use the description that’s written in the permit itself.

This information is important because it helps explain how the government can manage water use permits, even if they’ve been moved to new locations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240399.

Topics:
Environment and resources > Conservation
Government and voting > Local councils
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Part 15 Transitional provisions
Current mining privileges relating to water

415Acquisition of deemed permits

  1. Notwithstanding sections 136 and 137, a regional council may take, purchase, or acquire the whole or part of any deemed permit—

  2. as a public work under the Public Works Act 1981; or
    1. by agreement or otherwise.

      1. Notwithstanding section 413(9)(b)(i), for the purposes only of the Public Works Act 1981, this section, and section 416(4), a deemed permit that has been transferred to a new site shall be deemed to continue to be a chattel interest in land, and it shall be sufficient identification of the interest in land created or deemed to be so created by the deemed permit to describe it as the whole of the interest created by the permit, or to use the description set out in the permit.