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Resource Management Act 1991

Standards, policy statements, and plans - Miscellaneous matters - Plan must not allow activity that prevents protected customary rights

85A: Plan or proposed plan must not include certain rules

You could also call this:

“ Plans can't allow activities that might harm special Māori rights in coastal areas. ”

You need to know about a rule for making plans. This rule says that when someone is making a plan, they can’t include anything that allows an activity if that activity might cause problems for protected customary rights. Protected customary rights are special rights that some people have in the coastal areas of New Zealand.

If an activity might cause more than a small problem for these protected rights, the plan can’t say it’s okay to do that activity. These protected rights are explained in Part 3 of a law called the Marine and Coastal Area (Takutai Moana) Act 2011.

This rule is important because it helps protect the rights of people who have special connections to the coast and sea in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233840.

Topics:
Māori affairs > Māori land
Environment and resources > Conservation
Environment and resources > Town planning
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Part 5 Standards, policy statements, and plans
Miscellaneous matters: Plan must not allow activity that prevents protected customary rights

85APlan or proposed plan must not include certain rules

  1. A plan or proposed plan must not include a rule that describes an activity as a permitted activity if that activity will, or is likely to, have an adverse effect that is more than minor on a protected customary right carried out under Part 3 of the Marine and Coastal Area (Takutai Moana) Act 2011.

Notes
  • Section 85A: inserted, on , by section 21 of the Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94).
  • Section 85A: amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).