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Resource Management Act 1991

Transitional provisions - Existing uses

420: Designations and requirements continued

You could also call this:

“This law explains how old plans for special projects continue under the new rules, making sure they're still valid and looked after properly.”

If you have a designation or requirement that was in place before this Act started, here’s what happens:

If it’s in a coastal marine area, it stops being a designation or requirement. Instead, it becomes a coastal permit for the public work or project it was about.

For designations not in coastal areas, they keep going as if they’re part of the district plan. If there was a requirement that wasn’t yet in the plan, the council needs to put it in the plan quickly without using the usual process.

The person or group responsible for the designation is treated as if they’re a ‘requiring authority’. This means they have special powers related to the designation.

For figuring out how long designations last, we treat them as if they started when this Act began.

If the designation is for a project that isn’t run by a local council or government minister, it only lasts until the plan becomes official. After that, it stops unless the person running the project has been approved as a ‘requiring authority’.

If you had a requirement that wasn’t in the plan when this Act started:

  • If it was for the coastal marine area, it’s cancelled.
  • If it wasn’t for the coastal area, we treat it as if it’s a new requirement that’s just been notified.

These rules apply even if there were court cases or other proceedings about the designation or requirement when the Act started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240631.

Topics:
Environment and resources > Town planning
Environment and resources > Conservation
Government and voting > Local councils
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“Old protection notices for historic places become new rules to protect important buildings and sites”

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).