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Resource Management Act 1991

Transitional provisions - Existing uses

420: Designations and requirements continued

You could also call this:

“Old rules from 1977 still apply to some projects and areas”

When the Resource Management Act 1991 started, some designations and requirements from the Town and Country Planning Act 1977 were still in effect. If a designation was included in a district scheme under section 36(8), section 43, or section 118 of the Town and Country Planning Act 1977, it would be treated as a designation in the district plan under section 175. You need to know that a territorial authority had to include some requirements in a district scheme, but if they did not, the requirement would be treated as a notified requirement under section 168. If a project or work was not done by a local authority or the Minister of the Crown, the designation would stop being in effect when the district plan was made operative, unless the person responsible for the project was approved as a requiring authority under section 167.

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Topics:
Environment and resources > Town planning Housing and property > Land use
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Part 15 Transitional provisions
Existing uses

420Designations and requirements continued

  1. Where, immediately before the date of commencement of this Act,—

  2. a designation is included in an operative district scheme or combined scheme under section 36(8), section 43, or section 118 of the Town and Country Planning Act 1977 or the corresponding provisions of any former enactment; or
    1. a requirement has been made under section 118 of that Act, and a territorial authority has an obligation under subsection (9) of that section to include the requirement in a district scheme or combined scheme but has not done so,—
        1. the designation or requirement shall, to the extent that it has effect within a coastal marine area, cease to have such effect but shall be deemed to be a coastal permit for the public work or project or work to which the designation or requirement relates which takes effect on the date of commencement of this Act, and the provisions of this Act shall apply accordingly.

      1. Except as provided in subsection (1), where, immediately before the date of commencement of this Act,—

      2. a designation is included in an operative district scheme or combined scheme under section 36(8), section 43, or section 118 of the Town and Country Planning Act 1977 or the corresponding provisions of any former enactment, the designation shall be deemed to be a designation included in the relevant district plan under section 175:
        1. a requirement has been made under section 118 of that Act, and a territorial authority has an obligation under subsection (9) of that section to include the requirement in a district scheme or combined scheme but has not done so, the territorial authority shall, as soon as reasonably practicable and without using the process in Schedule 1, include a designation in respect of that requirement in the relevant district plan in accordance with section 175,—
            1. and the person responsible for the designation shall be deemed to be a requiring authority for that designation; and the provisions of this Act shall apply accordingly.

          1. For the purposes of section 184 and section 184A, every designation referred to in subsection (2)(a) shall be deemed to have been included in the district plan on the date of commencement of this Act.

          2. Repealed

          3. Where a designation is included in a district plan under subsection (2)(a) or (2)(b) in respect of a project or work that is not a work of a local authority or Minister of the Crown, the designation shall remain in force until the plan is made operative, and shall then lapse unless the person responsible for the project or work has been approved as a requiring authority in respect of that project or work under section 167.

          4. All notices given, before the commencement of this subsection, under section 183 by a person deemed to be a requiring authority under subsection (2) are hereby validated and declared to have been lawfully given.

          5. The person responsible for a project or work referred to in subsection (5) may, in accordance with section 167, apply to the Minister for approval as a requiring authority in respect of that project or work.

          6. Except as provided in subsection (1), every requirement made under section 43 or section 118 of the Town and Country Planning Act 1977 which, immediately before the date of commencement of this Act, has neither been provided for in the relevant district scheme nor been withdrawn or revoked—

          7. to the extent that the requirement has effect within the coastal marine area, shall be deemed to be withdrawn:
            1. except as provided in paragraph (a), shall be deemed to be a requirement that has been notified under section 168, and section 422 shall apply to it.

              1. Subsection (7) applies whether or not the requirement is the subject of any proceedings before a territorial authority, the Environment Court, or any other court.

              Notes
              • Section 420(2): amended, on , by section 201(1) of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 420(2)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
              • Section 420(3): amended, on , by section 68(1) of the Resource Management Amendment Act 1997 (1997 No 104).
              • Section 420(4): repealed, on , by section 68(2) of the Resource Management Amendment Act 1997 (1997 No 104).
              • Section 420(5): replaced, on , by section 201(3) of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 420(5A): inserted, on , by section 201(3) of the Resource Management Amendment Act 1993 (1993 No 65).
              • Section 420(8): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).