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Resource Management Act 1991  069
Commenced: 1 Oct 1991
III: Duties and Restrictions Under This Act
Effect of Certain Changes to Plans
20   Certain existing lawful activities allowed




   20. Certain existing lawful activities allowed---(1) Any activity
 restricted by sections 9, 12 (3), 13 (2), 14 (2), or 15 (2) that
 contravenes a rule in a proposed regional plan may continue until the
 regional plan including that rule becomes operative, if---
   (a) The activity was lawfully established before the proposed plan was
         notified; and
   (b) The activity has not been discontinued for a continuous period of
         more than 6 months (or such longer period as is fixed in any
         particular case or classes of case by the regional council that
         is responsible for the proposed plan) since the proposed plan
         was notified; and
   (c) The effects of the activity are the same or similar in character,
         intensity, and scale to those which existed before the proposed
         plan was notified.

   (2) Where, as a result of a rule in a regional plan or a change to a
 regional plan becoming operative, an activity that formerly was a
 permitted activity or which otherwise could have been lawfully carried
 out without a resource consent, becomes a controlled, discretionary, or
 non-complying activity, the activity may continue to be carried on after
 the plan or change becomes operative, if---
   (a) The activity was lawfully established before the plan or change
         became operative; and
   (b) The effects of the activity are the same or similar in character,
         intensity, and scale to those which existed before the plan or
         change became operative; and
   (c) The person carrying on the activity has applied for a resource
         consent from the appropriate consent authority within 6 months
         of the plan or change becoming operative and the application has
         not been decided or any appeals have not been determined.

   (3) Nothing in this section limits section 10.
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