23Certain existing uses of surface water protected until planning consent obtained

1. A person may, without a planning consent, use land in a manner that contravenes a national rule, a rule in a plan, or a rule in a proposed plan that has legal effect if—

2. the use is of the surface of water in a lake or river; and
3. before the rule came into force, the use—
   1. was a permitted activity or otherwise could have been lawfully carried out without a planning consent; and
   2. was lawfully established; and
4. the effects of the use are the same or similar in character, intensity, and scale to those that existed before the rule came into force; and
5. the person carrying out the activity applies to a territorial authority for a planning consent no later than 6 months after the following date (as applicable):
   1. the date that national rule commenced:
   2. the date that rule in the plan or proposed plan become operative.

6. A person may continue to use land in accordance with subsection (1) until their application for a planning consent is decided and any appeals have been determined.

7. In this section, came into force has the meaning given in section 20(5).