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Resource Management Act 1991

Transitional provisions - Miscellaneous provisions

424: Savings as to bylaws

You could also call this:

“Old rules stay in place until new ones are made or time runs out”

This law tells you about what happens to certain rules called bylaws when the Resource Management Act 1991 starts. These bylaws were made before this new Act came into force.

Some bylaws will continue to be valid for a while, even after the new Act starts. These include bylaws about harbours and waterways. The law explains how long these old bylaws can stay in effect and who is in charge of them now.

For example, some harbour bylaws will now be managed by regional councils. These bylaws can stay in effect for up to 8 years after the new Act starts. Other bylaws about areas that are not in the coastal marine area will be managed by territorial authorities.

The law also says that these old bylaws can be changed or cancelled by the regional council or territorial authority that’s now in charge of them. But if they want to change a bylaw, they need to get approval from the Minister of Conservation and the Minister of Transport.

If there’s a new regional coastal plan that conflicts with these old bylaws, the new plan will be the one that counts.

There are also special rules for bylaws about the Shotover River. These bylaws will be replaced by new ones that work the same way as the old ones.

Lastly, the law says that some water recreation rules won’t apply in areas where certain harbour bylaws are still in effect.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240647.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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423: National water conservation orders, or

“Rules for protecting important water sources stay the same under the new law”

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425: Leases, licences, and other authorities under Harbours Act 1950, or

“This law explains what happens to old agreements and permissions for using harbours after new rules came in.”

Part 15 Transitional provisions
Miscellaneous provisions

424Savings as to bylaws

  1. Every bylaw described in section 368(2)(e) that is in force immediately before the date of commencement of this Act shall, so far as it is not inconsistent with this Act, for all purposes be deemed to have been lawfully made by the regional council for the area to which the bylaw relates, and shall continue in force within that area until—

  2. the bylaw is publicly notified as a provision of a regional plan for the purposes of section 369(2) in accordance with section 376; or
    1. the expiry of 3 years from the date of commencement of this Act—
        1. whichever is the earlier, and shall then expire.

      1. Every bylaw made under the Harbours Act 1950, in respect of any area in the coastal marine area, by—

      2. any Harbour Board (within the meaning of that Act) relating to any matters specified in paragraphs (4), (7), (34), (34A), (36), (37), (38), (41), (42), and (44) of section 232 of that Act; or
        1. any public body (within the meaning of that Act) under section 8A of that Act—
            1. and that is in force immediately before the date of commencement of this Act shall, so far as it is not inconsistent with this Act, be deemed to have been lawfully made by the regional council for the region to which the bylaw relates and shall continue in force within that area until the expiry of 8 years after the date of commencement of this Act, and shall then expire.

          1. Every bylaw made under the Harbours Act 1950 in respect of any area that is not within the coastal marine area by—

          2. any Harbour Board (within the meaning of that Act) relating to any matters specified in paragraphs (4), (7), (34), (37), (38), (41), (42), and (44) of section 232 of that Act; or
            1. any public body (within the meaning of that Act) under section 8A or section 165(2) of that Act—
                1. and that is in force immediately before the date of commencement of this Act shall, so far as it is not inconsistent with this Act, be deemed to have been lawfully made by the territorial authority for the area to which the bylaw relates and shall continue in force within that area until the expiry of 8 years after the date of commencement of this Act, and shall then expire.

              1. Except as provided in subsection (3), every bylaw made under section 165 or section 232(36) of the Harbours Act 1950 and that is in force immediately before the date of commencement of this Act shall, so far as it is not inconsistent with this Act, be deemed to have been lawfully made by the regional council for the region to which the bylaw relates and shall continue in force within that area until the expiry of 8 years after the date of commencement of this Act, and shall then expire.

              2. Subject to subsection (6)—

              3. every bylaw referred to in subsections (2) and (4) may from time to time be altered or revoked by the regional council; and
                1. every bylaw referred to in subsection (3) may from time to time be altered or revoked by the territorial authority—
                    1. for the region or area to which the bylaw relates, in the manner provided in section 681 of the Local Government Act 1974, as if the bylaw had been made by the regional council, or as the case may be, the territorial authority under that Act.

                  1. The alteration under subsection (5) of any bylaw referred to in subsections (2), (3), and (4) shall not come into force until the alteration has been approved by the Minister of Conservation and the Minister of Transport, jointly, by notice in the Gazette.

                  2. Sections 233, 234(2), 235, 236, 237, and 239 of the Harbours Act 1950, so far as they are applicable and with all necessary modifications, shall continue to apply to those bylaws referred to in subsections (2), (3), and (4) as if the regional council or, as the case may be, the territorial authority, were the Harbour Board.

                  3. Where, immediately before the date of commencement of this Act, there was in force any bylaw (in this subsection called a former bylaw) made pursuant to section 3 of the Lakes District Waterways (Shotover River) Empowering Act 1985, there shall be deemed to be in force, as from the date of commencement of this Act, in substitution for the former bylaw, a new bylaw on the same terms and conditions and with the same force and effect as the former bylaw; and subsections (3) to (7) and (9) and section 427 shall apply to the new bylaw as if that new bylaw were a bylaw made by a public body (within the meaning of the Harbours Act 1950) under the Harbours Act 1950.

                  4. A local authority that has functions, powers, and duties under any bylaw referred to in any of subsections (2), (3), (4), and (8) may, while the bylaw is in existence, transfer any 1 or more of those functions, powers, or duties to another public authority in accordance with section 33.

                  5. The Water Recreation Regulations 1979 and any regulations amending or in substitution for those regulations shall not apply within any area for which a bylaw made under section 232(42) of the Harbours Act 1950 and in force immediately before the date of commencement of this Act continues to be in force.

                  6. Where a proposed regional coastal plan has been notified and any inconsistencies arise between the provisions of that proposed plan and the bylaws under subsection (2) or subsection (4), the provisions of the proposed regional coastal plan shall prevail.

                  Notes
                  • Section 424(1)(b): amended, on , by section 202(1) of the Resource Management Amendment Act 1993 (1993 No 65).
                  • Section 424(2): amended, on , by section 24(1) of the Resource Management Amendment Act 1996 (1996 No 160).
                  • Section 424(3): amended, on , by section 24(1) of the Resource Management Amendment Act 1996 (1996 No 160).
                  • Section 424(4): amended, on , by section 24(1) of the Resource Management Amendment Act 1996 (1996 No 160).
                  • Section 424(8): inserted, on , by section 202(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                  • Section 424(9): inserted, on , by section 202(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                  • Section 424(10): inserted, on , by section 202(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                  • Section 424(11): inserted, on , by section 202(2) of the Resource Management Amendment Act 1993 (1993 No 65).
                  • Section 424(11): amended, on , by section 24(2) of the Resource Management Amendment Act 1996 (1996 No 160).