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.