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Resource Management Act 1991

Resource consents - Decisions on applications relating to non-aquaculture activities

112: Obligation to pay rent and royalties deemed condition of consent

You could also call this:

“If you get permission to use certain resources from the coast or use geothermal energy, you must pay rent or fees to the council.”

When you get a coastal permit that lets you remove sand, shingle, shell, or other natural materials from the coast, you have to pay rent and royalties. You pay this money to the regional council, but it’s actually for the Crown (the government).

If your permit was given because of a special authorisation, you pay the amount stated in that authorisation. You also have to pay any other amounts set by the government’s rules.

If you have a water permit to use geothermal energy, you also have to pay the regional council for the Crown. The amount you pay is set by the government’s rules.

Even if you don’t need a permit because the activity is allowed in a plan, you still have to pay the regional council for the Crown. Again, the amount is set by the government’s rules.

You have to keep paying these amounts for as long as you’re doing the activity or have the permit.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234852.

Topics:

Environment and resources > Conservation

Environment and resources > Climate and energy

Government and voting > Local councils

Money and consumer rights > Taxes

111: Use of financial contributions, or

“Rules for spending money given for special reasons when allowing building or other activities”

113: Decisions on applications to be in writing, etc, or

“When people ask for permission to do things that affect the environment, the answer must be written down and explain why.”

Part 6 Resource consents
Decisions on applications relating to non-aquaculture activities

112Obligation to pay rent and royalties deemed condition of consent

In every coastal permit authorising the holder to—
remove any sand, shingle, shell, or other natural material, within the meaning of section 12(4), from any such land—
where the permit was permitted to be granted by virtue of an authorisation granted under section 161, the rent and royalties (if any) specified in the authorisation held by the permit holder; and
any sum of money required to be paid by any regulation made under section 360(1)(c).

In every water permit granted to do something that would otherwise contravene section 14(2)(c) (relating to the taking or use of geothermal energy) there shall be implied a condition that the holder shall at all times throughout the period of the permit pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by any regulation made under section 360(1)(c).
Where an activity specified in subsection (1) or subsection (2) is a permitted activity in a plan, there shall be implied as a condition in the plan that the person undertaking the activity shall at all times throughout the period during which the activity is undertaken pay to the relevant regional council, on behalf of the Crown, any sum of money required to be paid by regulations made under section 360(1)(c).

Notes

Section 112 heading: amended, on 17 December 1997, by section 28 of the Resource Management Amendment Act 1997 (1997 No 104).
Section 112(1)(a): repealed, on 17 December 1997, by section 28 of the Resource Management Amendment Act 1997 (1997 No 104).
Section 112(1)(b): amended, on 7 July 1993, by section 61(1) of the Resource Management Amendment Act 1993 (1993 No 65).
Section 112(2): amended, on 1 October 2009, by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
Section 112(3): inserted, on 7 July 1993, by section 61(2) of the Resource Management Amendment Act 1993 (1993 No 65).