Plain language law

New Zealand law explained for everyone

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:

“ When asking for permission to do something on land that's partly underwater, you talk to the local council as if it was all on dry land. ”

If you want to split up some land that’s partly in the sea, you need to ask your local council for permission. The council will treat all the land as if it’s part of their area, even the bits in the sea. They’ll use the same rules for all of it.

Sometimes, you might want to do something on land that’s currently in the sea, but will be filled in later. If that’s the case, you can still ask the council for permission now. They’ll look at your request as if the land was already filled in and part of their area.

If the council says yes to your request for land that’s currently in the sea, there’s a special rule that applies. This rule is in Section 116(2) of the law, and it helps make sure everything is done properly.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

Topics:

Environment and resources > Land use

Environment and resources > Town planning

Government and voting > Local councils

88I: Excluded time periods under Urban Development Act 2020, or

“This law says there's a special time that doesn't count when people are waiting for permission to build or change things in cities.”

89A: Applications affecting navigation to be referred to Maritime New Zealand, or

“If you want to change something on or near water, you need to tell the boat experts”

Part 6 Resource consents
Application for resource consent

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

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.
Where—
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
on the date the application is made the proposed location of the activity is still within the coastal marine area,—

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

Notes

Section 89 heading: amended, on 7 July 1993, by section 45 of the Resource Management Amendment Act 1993 (1993 No 65).
Section 89(1): amended, on 7 July 1993, by section 45(a) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 89(1): amended, on 7 July 1993, by section 45(b) of the Resource Management Amendment Act 1993 (1993 No 65).