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Resource Management Act 1991

Resource consents

87B: Certain activities to be treated as discretionary activities or prohibited activities

You could also call this:

“Rules for how some activities are treated when asking for permission to use resources”

You need to get a resource consent for certain activities. Your application will be treated as a discretionary activity if:

  1. Part 3 says you need a resource consent, but there’s no plan or rule about it.

  2. A plan says you need a resource consent, but doesn’t say if the activity is controlled, restricted discretionary, discretionary, or non-complying under section 77A.

  3. A proposed plan calls the activity prohibited, but that rule isn’t in effect yet.

If you want to look for, explore, or mine Crown-owned minerals in the waters close to the Coromandel Peninsula, it’s treated as prohibited. But this doesn’t apply to some activities listed in section 61(1A) of the Crown Minerals Act 1991.

Any mining that’s mainly done to get mercury is also treated as prohibited.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2414712.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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87A: Classes of activities, or

“This law explains different types of activities and what you need to do for each one.”

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87BA: Boundary activities approved by neighbours on infringed boundaries are permitted activities, or

“When neighbours agree to activities that cross property lines, you don't need special permission from the council.”

Part 6 Resource consents

87BCertain activities to be treated as discretionary activities or prohibited activities

  1. An application for a resource consent for an activity must, with the necessary modifications, be treated as an application for a resource consent for a discretionary activity if—

  2. Part 3 requires a resource consent to be obtained for the activity and there is no plan or proposed plan, or no relevant rule in a plan or proposed plan; or
    1. a plan or proposed plan requires a resource consent to be obtained for the activity, but does not classify the activity as controlled, restricted discretionary, discretionary, or non-complying under section 77A; or
      1. a rule in a proposed plan describes the activity as a prohibited activity and the rule has not become operative.

        1. Prospecting, exploring, or mining for Crown owned minerals in the internal waters (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977) of the Coromandel Peninsula must be treated as a prohibited activity.

        2. Subsection (2) does not apply to prospecting, exploring, or mining activities set out in section 61(1A) of the Crown Minerals Act 1991.

        3. Any mining whose main purpose is to mine mercury must be treated as a prohibited activity.

        Notes
        • Section 87B: inserted, on , by section 69 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
        • Section 87B(4): inserted, on , by section 129 of the Statutes Amendment Act 2019 (2019 No 56).