Resource Management Act 1991

Resource consents - Application for resource consent

89: Applications to territorial authorities for resource consents where land is in coastal marine area

You could also call this:

"Applying for resource consents for coastal areas"

Illustration for Resource Management Act 1991

When you apply to a territorial authority for a subdivision consent and some or all of the land is in the coastal marine area, the authority treats the whole area as part of the district. The authority then decides the application according to the rules of the Resource Management Act. You need to follow the rules of the Act when the authority makes a decision. If you want to do an activity in an area that will be reclaimed, you can apply for a resource consent before the land is reclaimed. If the activity is still in the coastal marine area when you apply, the authority can consider your application as if the activity was already in their district. The authority follows the rules of the Resource Management Act when making a decision. When a resource consent is granted in this situation, Section 116(2) applies to the consent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233874.

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Part 6Resource consents
Application for resource consent

89Applications to territorial authorities for resource consents where land is in coastal marine area

  1. Where an application for a subdivision consent is made to a territorial authority and any part, or all, of the land proposed to be subdivided is in the coastal marine area, the territorial authority shall decide the application as if the whole of that land were part of the district, and the provisions of this Act shall apply accordingly.

  2. Where—

  3. an application is made to a territorial authority for a resource consent for an activity which an applicant intends to undertake within the district of that authority once the proposed location of the activity has been reclaimed; and
    1. on the date the application is made the proposed location of the activity is still within the coastal marine area,—
      1. then the authority may hear and decide the application as if the application related to an activity within its district, and the provisions of this Act shall apply accordingly.

      2. Section 116(2) shall apply to every resource consent that is granted in accordance with subsection (2).

      Notes
      • Section 89 heading: amended, on , by section 45 of the Resource Management Amendment Act 1993 (1993 No 65).
      • Section 89(1): amended, on , by section 45(a) of the Resource Management Amendment Act 1993 (1993 No 65).
      • Section 89(1): amended, on , by section 45(b) of the Resource Management Amendment Act 1993 (1993 No 65).