10B Certain existing building works allowed

(1)

Land may be used in a manner that contravenes a rule in a district plan or proposed district plan if the use of land is a building work or intended use of a building (as defined in section 7 of the Building Act 2004) which is deemed to be lawfully established in accordance with subsection (2).

(2)

Subject to subsection (3), the building work or intended use of the building shall be deemed to be lawfully established if—

(a)

a building consent was issued and any amendments were incorporated in the building consent in accordance with the Building Act 2004 for the building work or intended use of the building before the rule in a district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8); and

(b)

the building work or intended use of the building, as stated on the building consent, would not, at the time the building consent was issued and any amendments were incorporated, have contravened a rule in a district plan or proposed district plan or otherwise could have been carried out without a resource consent.

(3)

Subsection (2) shall not apply if—

(a)

the building consent is amended (after the rule in the district plan or proposed plan has taken legal effect in accordance with section 86B or 149N(8)) in such a way that the effects of the building work or intended use of a building will no longer be the same or similar in character, intensity, and scale as before the amendment; or

(b)

the building consent has lapsed or is cancelled, but the issuing under the Building Act 2004 of a code compliance certificate in respect of the building work shall not, for the purposes of this section, be deemed to have cancelled the building consent for that work; or

(c)

a code compliance certificate for the building work has not been issued in accordance with the Building Act 2004 within 2 years after the rule in the district plan or proposed district plan took legal effect in accordance with section 86B or 149N(8) or within such further period as the territorial authority may allow upon being satisfied that reasonable progress has been made towards completion of the building work within that 2-year period.

(4)

Section 10(4) and (5) apply to this section.

Section 10B: inserted, on 2 September 1996, by section 4 of the Resource Management Amendment Act 1996 (1996 No 160).

Section 10B(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 10B(2)(a): amended, on 1 October 2009, by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10B(2)(a): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 10B(3)(a): amended, on 1 October 2009, by section 10(2) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10B(3)(b): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 10B(3)(c): amended, on 1 October 2009, by section 10(1) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 10B(3)(c): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 10B(4): replaced, on 1 October 2009, by section 10(3) of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).