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 land or future reclaimed land"

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 will decide your application as if all the land were part of the district. The authority will follow the rules of the Resource Management Act. If you want to do an activity in an area that will be reclaimed, you can apply to the territorial authority before the land is reclaimed, and they can decide on your application as if the activity were already in their district.

If the territorial authority grants you a resource consent in this situation, the rules in Section 116(2) will apply to your consent. The authority will make decisions based on the rules of the Resource Management Act. You can apply for a resource consent for an activity that you plan to do in a reclaimed area, even if the area is still in the coastal marine area when you apply.

The territorial authority can hear and decide your application as if the activity were already in their district, and they will follow the rules of the Resource Management Act.

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 It might be out of date or be missing some parts.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

This page was last updated on 19 May 2025

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 > Town planningEnvironment and resources > Land useHousing and property > Land use

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

"Tell Maritime New Zealand about plans that affect navigation in our waters"

Part 6Resource 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).