RMA 1991, Part 3: Existing Rights

Question 1

What does it mean by “Undertaking an activity as of right?

Answer 1

An activity may be undertaken as of right as long as it does not breach a general duty (s16 or s 17) AND one of the following apply to the activity
-It is allowed by the RMA; or
-It is a “permitted activity” in a plan, NES, or by the act; or
-It is an unregulated activity; or
-It has “existing use rights”

Question 2

What is the history on some of the “Existing uses” history?

Answer 2

Uses/activities/structures that are being undertaken/exist legally when the rules change

TOWN & COUNTRY PLANNING ACT 1926-
compensation for landowners seriously affected & “betterment” payment if landowners benefited

TOWN & COUNTRY PLANNING ACT 1953-
Allowed existing uses to continue without increase in detriment - local authorities could compulsorily acquire non-complying properties

Question 3

What sections are the 4 provisions for existing use rights?

Answer 3

Ss 10,10A & 10B allow someone lawfully doing something before a district rule becomes operative to continue that activity

Section 20A allows someone lawfully doing something before a regional rule becomes operative to continue that activity

Question 4

What are the limitations to existing use protection?

Answer 4

•The activity must have been lawfully established

•An existing use or activity may not be intensified

•If the use or activity is discontinued for a time the existing use rights may be lost.

Question 5

What section is land uses related to?

Answer 5

s 10

Question 6

CERTAIN EXISTING ACTIVITIES ALLOWED( the name of the section)

•Applies to use of surface of lakes and rivers
•Existing use rights for activities (in district plans) are lost unless an application for a resource consent is made within 6 months of the rule becoming “operative” or a proposed rule becoming “legally effective “
•Other provisions apply - lawfully established use, same or similar in character, intensity and scale

What section are these provisions under?

Answer 6

Section 10A

Question 7

Section 10B( certain existing building works allowed) covers what area?

Answer 7

•Applies to “building work” or intended use of a building where

• building consent under Building Act 2004 is obtained AND
  -a resource consent is not required, BUT THEN
  -a district rule or proposed rule means the building work requires resource consent

•Existing use rights apply if the effects of the building or the use are the same or similar in character, intensity or scale to the building work covered by the building consent had not lapsed.

Question 8

What does section 20A(1) apply too?

Answer 8

Applies to rules in regional plans or for proposed regional plans under s 20(1)

This section applies to two different situations, proposed plans and when a proposed plan becomes operative under sub section 2

Question 9

Not to be confused with certificates of compliance (s 139), what do ‘Existing use certificates (s 139A) cover?

Answer 9

Certificates can be issued for activities to which s 10, 10A or 20A apply

•Certificate treated as a resource consent with exceptions
•Certificate can specify the character intensity and scale of activity
•Give applicants certainty that their activity is an existing use