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Resource Management Act 1991

Transitional provisions - Existing uses

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

You could also call this:

“Activities on lakes and rivers are allowed unless the local rules say otherwise”

You don’t have to worry about restrictions on using lakes and rivers that are mentioned in section 9(3) and (4), unless a district plan or proposed district plan specifically says otherwise. This means you can do activities on the water surface of lakes and rivers freely, unless the plan controls, restricts, or prohibits that activity.

However, if you’re in the Queenstown-Lakes District Council area, this rule doesn’t apply to commercial activities that make money or could make money.

If you have a licence or permission that was given before 1 October 1991 for an activity on a lake or river, you can keep doing that activity as long as your licence is still valid. The restrictions in section 9(3) and (4) won’t apply to you.

If you have a licence or permission for an activity on a lake or river that was given under old rules that are still in force, or if you’re exempt from those old rules, then the restrictions in section 9(3) and (4) also won’t apply to you. This is true unless a district plan or proposed district plan says differently.

These rules can be changed or removed using the process described in Schedule 1 of the Act.

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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 > Conservation
Environment and resources > Town planning
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“ Some activities that were allowed before can keep going for now, even if the new rules say they're not okay, until the local council makes new plans or the old permission runs out. ”

Part 15 Transitional provisions
Existing uses

417AUses of lakes and rivers not restricted by section 9

  1. 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—

  2. 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
    1. until a district plan or proposed district plan prepared under Schedule 1 provides otherwise.

      1. 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.

      2. The application of subsection (1) or subsection (1A) may be excluded or modified at any time in accordance with Schedule 1.

      3. 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.

      4. Where any activity undertaken in any lake or river or on the surface of any lake or river—

      5. 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
        1. 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,—
            1. section 9(3) and (4) shall not, unless a district plan or a proposed district plan otherwise provides, apply in respect of any such activity to the extent that the activity is permitted by the licence, permit, or authorisation or exempted from the bylaw.

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