Resource Management Act 1991

Transitional provisions - Existing uses

417A: Uses of lakes and rivers not restricted by section 9

You could also call this:

"Some activities on lakes and rivers are allowed without extra rules"

You can do some things on lakes and rivers without being restricted by section 9. This is because section 9 does not apply to activities on the surface of water in lakes or rivers, unless a district plan or proposed district plan says otherwise or has rules about it, as stated in section 373 or Schedule 1.

If you have a licence or authorisation to do something in a lake or river, you can keep doing it as long as the licence or authorisation is still valid. This is the case even if the licence or authorisation was granted under an old law that has been replaced.

Some commercial activities in the Queenstown-Lakes District are not allowed to happen without following the rules. The rules about what you can do on lakes and rivers can be changed or excluded at any time, as stated in Schedule 1.

You might need to follow some rules if you are doing something in a lake or river that is allowed by a licence or permit. If a district plan or proposed district plan says something different, then you need to follow what the plan says, as it relates to section 9(3) and (4) and section 424(10).

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This page was last updated on 19 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240606.

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use

417: Permits over land other than that of holders to be produced in Land Transfer Office, or

"Getting a certificate to use someone else's land for mining when you have a permit"

418: Certain existing permitted uses may continue, or

"You can keep doing things you were already doing without a new licence if you were allowed to before."

Part 15Transitional provisions
Existing uses

417AUses of lakes and rivers not restricted by section 9

Notwithstanding section 374(4), for the purposes of this Act, section 9(3) and (4) do not apply in respect of any activity carried out on the surface of water in any lake or river—
unless the activity is specifically referred to, and is controlled or restricted or prohibited by a rule, in a district plan or proposed district plan deemed to be constituted under section 373; or
until a district plan or proposed district plan prepared under Schedule 1 provides otherwise.

Nothing in subsection (1) shall apply to any commercial activity (being an activity that has, or has the potential to have, as its sole purpose or a related purpose the production of assessable income) carried out in the district of the Queenstown-Lakes District Council.
The application of subsection (1) or subsection (1A) may be excluded or modified at any time in accordance with Schedule 1.
Where any activity is lawfully carried out in any lake or river or on the surface of any lake or river in accordance with a licence or other authorisation granted pursuant to an application made before 1 October 1991 under any Act, regulation, or bylaw, including an Act, regulation, or bylaw amended, repealed, or revoked by this Act, section 9(3) and (4) shall not apply in respect of that activity to the extent that that activity is permitted by that licence or other authorisation and so long as that licence or other authorisation remains in force.
Where any activity undertaken in any lake or river or on the surface of any lake or river—
is authorised by a licence, permit, or authorisation granted pursuant to an application made under any bylaw continued in force by any provision of subsections (1) to (9) of section 424; or
is, by virtue of section 424(10), exempt from any provision of any bylaw continued in force by subsections (1) to (9) of section 424,—

section 9(3) and (4)

Notes

Section 417A: inserted, on 7 July 1993, by section 199 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 417A(1): replaced, on 2 September 1996, by section 22(1) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 417A(1): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 417A(1A): inserted, on 2 September 1996, by section 22(1) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 417A(1B): inserted, on 2 September 1996, by section 22(1) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 417A(2): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 417A(3): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).