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Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - Regional plans

64A: Imposition of coastal occupation charges

You could also call this:

“Paying to use the coastal area: when and how much”

When a regional council is making or changing a regional coastal plan, you need to think about whether people should pay to use the coastal area. The council considers how the public benefits or loses from people using the coastal area, and how much private benefit people get from using it. You then decide if people should pay to occupy the coastal area. If you think people should pay, the council must say when a charge will be imposed, when it might be waived, how much the charge will be, and how the money will be used. The money received from these charges must be used to promote the sustainable management of the coastal area, and charges cannot be imposed on certain groups exercising rights under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011. No charge can be imposed unless it is included in the regional coastal plan.

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Topics:
Environment and resources > Conservation Environment and resources > Town planning Māori affairs > Māori land
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Part 5 Standards, policy statements, and plans
Local authority policy statements and plans: Regional plans

64AImposition of coastal occupation charges

  1. Unless a regional coastal plan or proposed regional coastal plan already addresses coastal occupation charges, in preparing or changing a regional coastal plan or proposed regional coastal plan, a regional council must consider, after having regard to—

  2. the extent to which public benefits from the coastal marine area are lost or gained; and
    1. the extent to which private benefit is obtained from the occupation of the coastal marine area,—
        1. whether or not a coastal occupation charging regime applying to persons who occupy any part of the common marine and coastal area should be included.

      1. Where the regional council considers that a coastal occupation charging regime should not be included, a statement to that effect must be included in the regional coastal plan.

      2. Where the regional council considers that a coastal occupation charging regime should be included, the council must, after having regard to the matters set out in paragraphs (a) and (b) of subsection (1), specify in the regional coastal plan—

      3. the circumstances when a coastal occupation charge will be imposed; and
        1. the circumstances when the regional council will consider waiving (in whole or in part) a coastal occupation charge; and
          1. the level of charges to be paid or the manner in which the charge will be determined; and
            1. in accordance with subsection (5), the way the money received will be used.

              1. No coastal occupation charge may be imposed on any person occupying the coastal marine area unless the charge is provided for in the regional coastal plan.

              2. A coastal occupation charge must not be imposed on a protected customary rights group or customary marine title group exercising a right under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.

              3. Any money received by the regional council from a coastal occupation charge must be used only for the purpose of promoting the sustainable management of the coastal marine area.

              Notes
              • Section 64A: inserted, on , by section 12 of the Resource Management Amendment Act 1997 (1997 No 104).
              • Section 64A(1): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
              • Section 64A(4A): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).