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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:

“Rules for charging people to use coastal areas in regional plans”

When you’re making or changing a regional coastal plan, you need to think about whether to charge people for using the coastal marine area. You should consider if the public is losing or gaining benefits from the coastal area, and if private individuals are getting benefits from using it.

If you decide not to charge people, you need to say this in your plan. But if you do want to charge, you need to explain in your plan when you’ll charge people, when you might not charge them, how much the charges will be, and how you’ll use the money.

You can’t charge anyone unless it’s written in your plan. Also, you’re not allowed to charge certain groups who have special rights to use the coastal area.

Any money you get from these charges must be used to help look after the coastal marine area in a good way.

Remember, you can only charge people for using parts of the coastal area that are open to everyone. You can’t charge people for areas that belong to them or that they have special rights to use.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233610.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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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).