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Resource Management Act 1991  069
Commenced: 1 Oct 1991
III: Duties and Restrictions Under This Act
Land
10   Certain existing uses in relation to land protected




   10. Certain existing uses in relation to land protected---(1) Land may
 be used in a manner that contravenes a rule in a district plan or a
 proposed district plan if---
   (a) The use was lawfully established before the rule became operative
         or the proposed plan was notified; and
   (b) The effects of the use are the same or similar in character,
         intensity, and scale to those which existed before the rule
         became operative or the proposed plan was notified.

   (2) Subject to sections 357 and 358, this section does not apply when
 a use of land that contravenes a rule in a district plan or a proposed
 district plan has been discontinued for a continuous period of more than
 12 months after the rule in the plan became operative or the proposed
 plan was notified unless---
   (a) An application has been made to the territorial authority within 2
         years of the activity first being discontinued; and
   (b) The territorial authority has granted an extension upon being
         satisfied that---
           (i) The effect of the extension on the integrity of the
         district plan is minor; and
           (ii) The applicant has obtained approval from every person who
         may be adversely affected by the granting of the extension,
         unless in the authority's opinion it is unreasonable in all the
         circumstances to require the obtaining of every such approval.

   (3) This section does not apply if reconstruction or alteration of, or
 extension to, any building to which this section applies increases the
 degree to which the building fails to comply with any rule in a district
 plan.

   (4) For the avoidance of doubt, this section does not apply to any use
 of land that is---
   (a) Controlled under section 30 (1) (c)  (regional control of certain
         land uses); or
   (b) Restricted under section 12 (coastal marine area); or
   (c) Restricted under section 13 (certain river and lake bed controls).

   (5) Nothing in this section limits section 20 (certain existing lawful
 activities allowed).

   (6) In this section, ``use of land'' has the same meaning as in
 section 9 (4) (a) to (e) and ``land may be used'' has a corresponding
 meaning.
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