Hilder v Port Otago Ltd - [1996] 1 NZLR 289

Resource management — Coastal permit — Reclamation of seabed — Transitional provisions of Resource Management Act 1991 — Authorisation to reclaim land previously granted under Harbours Act 1950 — Authorisation deemed to be a coastal permit under s 384(1) of the Resource Management Act — Effect of deeming provision — Section 425(3) of the Resource Management Act providing that authorisation to continue in full force and effect, except as provided in s 384(1), as if Harbours Act had not been amended — Whether conflict between ss 384(1) and 425(3) of the Resource Management Act — Harbours Act 1950, s 175 — Resource Management Act 1991, ss 384 and 425.

Resource management — Resource consents — Lapsing of consent — Order in Council under Harbours Act 1950 deemed to be a resource consent — Whether s 125 of the Resource Management Act applies to Order in Council — Whether that consent lapsed after two years — Harbours Act 1950, s 175 — Resource Management Act 1991, ss 125, 384 and 425.