Prohibited Activities and the Resource Management Act 1991 û Does æProhibitedÆ Mean æForbiddenÆ?

The Resource Management Act 1991 provides for activities to be classified as permitted, controlled, restricted discretionary, discretionary, non-complying or prohibited in district and regional plans. This paper looks at the use of the prohibited activity status to restrict, in particular, mining. Often the use of prohibited activity status for mining appears to have no basis other than the negative perceptions that the local community and/or the planner drafting the plan has toward mining and quarrying.   The paper will address the current appeal regarding the use of prohibited activity status now before the Court of Appeal, and the history to the litigation. The relevance of the outcome of the appeal to the minerals sector will also be explained.