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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:

“Some activities are automatically allowed, banned, or need special permission under the law.”

When you apply for a resource consent for an activity, it must be treated as an application for a discretionary activity if the rules say you need a consent but do not say what type of activity it is under section 77A. This also applies if there is no plan or rule that says what type of activity it is. If a proposed plan says an activity is prohibited but the rule is not yet in effect, the activity must still be treated as prohibited. You must treat some activities as prohibited, such as prospecting, exploring, or mining for Crown owned minerals in certain areas, like the internal waters of the Coromandel Peninsula, as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977. However, this does not apply to activities set out in section 61(1A) of the Crown Minerals Act 1991. Any mining that mainly aims to mine mercury must be treated as a prohibited activity.

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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.

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87A: Classes of activities, or

"What kind of permission you need to do something that affects the environment"

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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).