APPENDIX V: Additional Matters

Under s20 of the RMA certain lawful existing uses which contravene a rule in a proposed Regional Plan, are permitted to continue until the rules in that Plan become operative. Any activity that contravenes a rule in this Plan may continue to be carried on until the plan becomes operative, if:

1. the activity was lawfully established before the proposed plan was notified; and


2. the activity has not been discontinued for a continuous period of more than 6 months...since the proposed plan was notified; and


3. 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.

Once the Plan becomes operative, an activity which was previously permitted or could be undertaken lawfully, but now requires a resource consent due to a rule in the Plan providing for it as a controlled, discretionary or non-complying activity, may be carried on if:

1. the activity was lawfully established before the rule became operative; and


2. the effects of the activity are the same or similar in character, intensity, and scale to those which existed before the rule became operative; and


3. the person carrying on the activity has applied for a resource consent from the appropriate consent authority within 6 months of the rule becoming operative and the application has not been decided or any appeals have not been determined.

In addition, Part XV of the RMA sets out transitional provisions which relate to various existing rights in the CMA. Further advice on these matters may be requested from Environment Waikato staff. It should also be noted that there may be subsequent amendments to the RMA, and clarification of the RMA resulting from Environment Court decisions and declarations.