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Resource Management Act 1991

Transitional provisions - Miscellaneous provisions

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

You could also call this:

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

If you had a lease under section 154 of the Harbours Act 1950 that was active before this new law started, your lease will keep going as if the new law wasn’t made. All the rules, rights, and duties from the old law will still apply to your lease.

When your lease is about to end, the rules in section 124 of this new law will apply to your lease. This section talks about what happens when resource consents end, but for your lease, we’ll treat it like it’s a resource consent.

Some other things from the old Harbours Act 1950 will also keep working the same way, even though the Act has changed. These include:

  • Licences or permits given under sections 146A, 156, 162, or 165
  • Orders in Council made under section 175
  • Approvals given under section 178(1)(b) or (2)

All of these will continue as if the Harbours Act 1950 hadn’t changed.

However, you need to know that section 12 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 might change how these rules apply in some situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240659.

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Part 15 Transitional provisions
Miscellaneous provisions

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

  1. Every lease made under section 154 of the Harbours Act 1950 and in force immediately before the date of commencement of this Act shall, notwithstanding the amendment of that Act by this Act, continue in force after the date of commencement of this Act on the same conditions and with the same effect as if this Act had not been enacted; and all the provisions of that Act relating to any such lease or licence or conferring or imposing any right, power, privilege, function, duty, or liability on any party to any such lease or licence shall continue to apply in respect of that lease or licence accordingly.

  2. Notwithstanding anything to the contrary in this Act, section 124 shall apply to any lease described in subsection (1) when that lease is due to expire as if every reference in that section to a resource consent or an original resource consent were a reference to that lease.

  3. Except as provided in section 384(1)—

  4. every licence or permit granted under section 146A or section 156 or section 162 or section 165 of the Harbours Act 1950; and
    1. every Order in Council made under section 175 of that Act; and
      1. every approval granted under section 178(1)(b) or (2) of that Act—
          1. shall, notwithstanding the amendment of that Act by this Act, continue in force after the date of commencement of this Act on the same conditions and with the same effect as if that Act had not been so amended.

        1. This section applies subject to section 12 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

        Notes
        • Section 425(3)(c): amended, on , by section 203 of the Resource Management Amendment Act 1993 (1993 No 65).
        • Section 425(4): inserted, on , by section 31 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).