Hauraki Gulf Marine Park Act 2000

Miscellaneous

49A: Transitional provisions

You could also call this:

"Rules for applications started before the Hauraki Gulf Marine Park Act 2000"

Illustration for Hauraki Gulf Marine Park Act 2000

You are applying for a resource consent for the Hauraki Gulf, its islands, and catchments. This applies if you made your application before the Hauraki Gulf Marine Park Act 2000 started, but it was not finalised before the Hauraki Gulf Marine Park Amendment Act 2001 started. You will follow the Resource Management Act 1991 as if the Hauraki Gulf Marine Park Act 2000 did not exist. You might have already started your application and it got sent back to a committee or court for more information. The Minister will look at your application as if it had not been sent back. A time period will start again from when the Hauraki Gulf Marine Park Amendment Act 2001 started, and this is based on the Resource Management Act 1991. The Minister's decision will be based on the information you provided, and they will consider it according to the rules. You can still appeal the decision if you are not happy with it. The appeal process will follow the Resource Management Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53194.


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49: Consequential amendments, or

"Changes to other laws because of the Hauraki Gulf Marine Park Act"


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49B: Applications finally determined, or

"What happens to old applications when the law changes"

Part 4Miscellaneous

49ATransitional provisions

  1. This section applies to an application for a resource consent for the Hauraki Gulf, its islands, and catchments—

  2. made before the commencement of this Act; but
    1. not finally determined before the commencement of the Hauraki Gulf Marine Park Amendment Act 2001.
      1. The continuation and completion of an application (including rights of appeal) must be in accordance with the Resource Management Act 1991 as if this Act had not been enacted.

      2. Subsection (4) applies to an application that, under section 119(4) of the Resource Management Act 1991, has been referred back to the hearing committee or Environment Court for a recommendation or report on the matters contained in sections 7 and 8 of this Act.

      3. The Minister must consider the application as if the referral back had not been made.

      4. For the purposes of subsection (4), the time period under section 119(1) of the Resource Management Act 1991 begins again from the date of the commencement of the Hauraki Gulf Marine Park Amendment Act 2001.

      Notes
      • Section 49A: inserted, on , by section 3 of the Hauraki Gulf Marine Park Amendment Act 2001 (2001 No 36).