Restrictions on uses of land

Updated 8 July 2015 7:05am

Section 9 of the Resource Management Act, 1991

Section 9 of the Act applies to land on the landward side of the coastal marine area (above the line of mean high water springs). Both regional councils and district councils can adopt rules about the use of land. If your activity involves a kind of use of land described below, then you should check your local District Plan as well as these regional rules below.

Section 9 (3) of the Act provides that any use of land is allowed as of right, unless that use is specifically restricted in a district plan or a regional plan. We have grouped our regional rules into the sorts of uses that are described in Section 9 (4) of the Act. These uses are:

section 9(4)(a) the use, erection, reconstruction, placement, alteration, extension, removal, or demolition of any structure or part of any structure in, on, under, or over the land
section 9(4)(b) the excavation, drilling, tunnelling, or other disturbance of the land
section 9(4)(c) the destruction, damage or disturbance of habitats of plants
section 9(4)(d) depositing any substance in, on, or under the land
section 9(4)(da) entry on to, or passing across, the surface of water in any lake or river
section 9(4)(e) any other use land

Scroll down to read the regional rules that have been adopted for each of these sections of the Act.

Any use, erection, reconstruction, placement, alteration, extension, removal, or demolition of any structure or part of any structure in, on, under, or over the land

The use, erection, reconstruction, placement, alteration, extension, removal, or demolition of any structure or part of any structure in, on, under, or over the land are uses of land described in subsection 9 (4)(a) of the Resource Management Act. The presumption of section 9 is permissive.

This means you may use, erect, reconstruct, place, alter, extend, remove, or demolish any structure or part of any structure in, on, under, or over the land (not including land in the coastal marine area or land in the bed of any river or lake) unless the activity is specifically restricted by a regional rule.

Rules relating to the types of uses described in subsection 9 (4)(a) were in the Transitional Regional Plan. This plan was withdrawn by Change 2 to the Transitional Regional Plan on 9 November 2001. Change 1 to the Regional Freshwater Plan, notified on 9 February 2002, added two rules relating to the types of uses described in subsection 9 (4)(a).

These uses of land may be restricted by district rules, so check your local district plan for any restrictions.

Type of activity (Regional Freshwater Plan)	Rule	Classification
Uses of land within the Waiohine River Floodway, the lower Ruamahanga River Floodway, and the Hutt River Floodway	Rule 48A	Discretionary Activity (restricted)
Vehicles on Stopbanks	Rule 52	Prohibited Activity (appealed)

Excavation, drilling, tunnelling, or other disturbance of the land

Excavation, drilling, tunnelling, or other disturbance of the land are uses of land described in subsection 9 (4)(b) of the Resource Management Act. The presumption of section 9 is permissive.

Rules relating to the types of uses described in subsection 9 (4)(b) are in the Regional Freshwater Plan and the Regional Soil Plan. You may excavate, drill, tunnel, or otherwise disturb land (not including land in the coastal marine area or land in the bed of any river or lake) unless you are specifically restricted by a regional rule in one of those Plans.

These uses of land may be restricted by district rules, so check your local district plan for any restrictions.

Type of activity (Regional Soil Plan)	Rule	Classification
Roading and tracking	Rule 1	Discretionary Activity (restricted)
Disturbance of more 1,000 cubic metres of soil on erosion prone land	Rule 2	Discretionary Activity (restricted)

Type of activity (Regional Freshwater Plan)	Rule	Classification
Shallow drilling (restricted)	Rule 10	Deleted by plan change
Shallow drilling (unrestricted)	Rule 11	Deleted by plan change
Bore/well construction	Rule 12	Deleted by plan change
Bore/well construction below five metres in the Lower Hutt Groundwater Zone	Rule 13	Deleted by plan change
Bore/well construction in the Wairarapa constituency of the Region	Rule 14	Deleted by plan change
Bore/well construction	Rule 15	Discretionary Activity

Destruction, damage or disturbance of habitats of plants

Destruction, damage or disturbance of habitats of plants are uses of land described in section 9 (4)(c) of the Resource Management Act. The presumption of section 9 is permissive.

Rules relating to the types of uses described in subsection 9 (4)(d) are in the Regional Soil Plan. You may destroy, damage, or disturb the habitats of plants or animals in, on, or under the land (not including land in the coastal marine area or land in the bed of any river or lake), unless the activity is restricted by a regional rule in that Plan.

These uses of land may be restricted by district rules, so check your local district plan for any restrictions.

Type of activity (Regional Soil Plan)	Rule	Classification
Vegetation disturbance on erosion prone land	Rule 3	Permitted Activity
Other vegetation disturbance on erosion prone land	Rule 4	Discretionary Activity (restricted)

Deposit of any substance in, on, or under the land

Depositing any substance in, on, or under the land are uses of land described in subsection 9 (4)(d) of the Resource Management Act. The presumption of section 9 is permissive.

This means you may deposit any substance in, on, or under the land (not including land in the coastal marine area or land in the bed of any river or lake), unless the activity is restricted by a regional rule. The rule (4.22 of RP24) relating to the types of uses described in subsection 9 (4)(d) was withdrawn by Change 2 to the Transitional Regional Plan on 9 February 2002. Change 1 to the Regional Freshwater Plan, notified on 9 February 2002, has added a rule that relates to the type of use described in subsection 9 (4)(d).

This section of the Act does not override restrictions on discharges of contaminants to land, which are restricted by section 15 of the Act.

These uses of land may be restricted by district rules, so check your local district plan for any restrictions.

Type of activity (Regional Freshwater Plan)	Rule	Classification
Uses of land within the Waiohine River Floodway, the lower Ruamahanga River Floodway, and the Hutt River Floodway	Rule 48A	Discretionary Activity (restricted)

Any entry on to, or passing across, the surface of water in any lake or river

Entry on to, or passing across, the surface of water in any lake or river are uses of land described in subsection 9 (4)(da) of the Resource Management Act. The presumption of section 9 is permissive.

Controlling the effects of activities in relation to the surface of water in rivers and lakes is a function of territorial authorities. This means that these activities may be restricted by district rules, so check your local district plan for any restrictions.

There are no rules in any of our regional plans relating to the types of uses described in subsection 9 (4)(da). This means that you may enter on to, or pass across, the surface of water in any lake or river without getting a resource consent from the Regional Council or complying with any regional rule.

Any other uses of land

Section 9 (4)(e) of the Resource Management Act allows regional and district councils to restrict "any other use land". The presumption of section 9 is permissive.

This means that you may use land in any way unless it is specifically restricted by a rule described above. Rules restricting a use of land (not including land in the coastal marine area or land in the bed of any river or lake) not otherwise described above were in the Transitional Regional Plan. This plan was withdrawn by Change 2 to the Transitional Regional Plan on 9 February 2002.

Uses of land may be restricted by district rules, so check your local district plan for any restrictions.