Resource Management Act 1991

Transitional provisions - Miscellaneous provisions

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

You could also call this:

"Leases and licences under the old Harbours Act are still valid under the new Resource Management Act."

If you have a lease under the Harbours Act 1950, it will still be valid after the Resource Management Act 1991 starts. The lease will have the same conditions and effects as it did before. You will still have the same rights and responsibilities as you did before the Resource Management Act 1991 started. When your lease is due to expire, section 124 will apply to it.

If you have a licence or permit under the Harbours Act 1950, it will also still be valid after the Resource Management Act 1991 starts. This includes licences or permits granted under certain sections of the Harbours Act 1950, as well as Orders in Council made under that Act. You will still have the same conditions and effects as you did before the Resource Management Act 1991 started.

This section is subject to section 12 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004. You should look at that section to understand how it applies to you. The rules in this section will still apply to you, unless section 12 says otherwise.

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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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"Old bylaws still apply until they expire or are replaced"


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Part 15Transitional 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.

        2. 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).