Transitional provisions to the RMAA 2009
General position
The following processes, if already commenced before 1 October 2009, are to be treated as though the Resource Management (Simplifying and Streamlining) Amendment Act 2009 was not enacted:
- resource consent processes (including applications to vary, review, or cancel conditions)
- plan preparation, plan change and plan variation processes
- enforcement proceedings where the act or omission occurred before 1 October 2009
- notices of requirement for designations or heritage orders
- water conservation orders (including a notice to revoke or amend and order)
- call-in processes
- applications to vary of cancel an instrument creating and esplanade strip.
Any appeals relating to the matters above must also be treated as though the Resource Management (Simplifying and Streamlining) Amendment Act 2009 had not been enacted.
Coastal permits for restricted coastal activities
Coastal permits granted at any time by the Minister of Conservation, and any coastal permit granted from the later of 1 October 2009 or the date the permit was granted, are to be treated as though they had been granted by regional council from the date the permit was granted.
Legal effect of rules
Rules in a proposed plan, or plan change notified before 1 October 2009 continue to have legal effect as though the Resource Management (Simplifying and Streamlining) Amendment Act 2009 had not been enacted.
National Environment Standards
Amendments in relation to national environmental standards apply to all such standards whether or not the standard was in force before or after 1 October 2009.
Resource consent applications lodged before commencement of the Resource Management Amendment Act 2005
Resource consent applications lodged before the commencement of the Resource Management Amendment Act 2005 that are awaiting further information requested under section 92 are to be deemed as having lapsed if after 12 months from 1 October 2009, or the request for further information was made (if this was later), the applicant has not complied with the request.
Tree protection rules in plans
Section 59 of the Amendment Act, relating to the removal of rules from district plans that restrict or prohibit the felling, damaging, or removal of trees in urban areas, does not come into force until 1 January 2012. However, blanket rules that prohibit or restrict tree trimming are removed as of 1 October 2009. This does not apply to rules that apply to trees or groups of trees specifically identified, or located within a reserve or subject to conservation management plans or strategies.
Last updated: 23 October 2009
