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Resource Management Act 1991

Resource consents - Restricted coastal activities

117: Application to carry out restricted coastal activity

You could also call this:

“Rules for asking permission to do special things at the beach or in the sea”

If you want to do something that a regional coastal plan calls a restricted coastal activity, you need to ask for permission. You do this by applying for a coastal permit from the regional council in your area. However, in some cases, you might need to apply to the Environmental Protection Authority instead.

The regional council will be in charge of deciding whether to give you the permit. They will follow the same rules they use for other resource consent applications, with a few differences.

After they get your application, the regional council must quickly send a copy to the Minister of Conservation and your local council. They also have to let everyone know about your application by making it public.

There’s a special rule that doesn’t apply to these applications. It’s called Section 100A, and you don’t need to worry about it for coastal permits.

The regional council must ask other people to listen to your application and decide on it. One of these people will be chosen by the Minister of Conservation.

When the regional council makes a decision about your application, they have to make sure they tell the Minister of Conservation about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM234875.

Topics:

Environment and resources > Conservation

Environment and resources > Town planning

Government and voting > Local councils

116B: When resource consent commences if subject to grant of application to exchange recreation reserve land, or

“Resource consent starts after special park land swap is approved”

118: Recommendation of hearing committee, or

“A group listens to people's ideas and tells the big bosses what they think should happen near the beach.”

Part 6 Resource consents
Restricted coastal activities

117Application to carry out restricted coastal activity

An application for a coastal permit to carry out an activity that a regional coastal plan describes as a restricted coastal activity must be made to the regional council for the region concerned, except if the application is made to the EPA under section 145.
The regional council is the consent authority in relation to the application for the coastal permit.
Any provisions of this Act that apply in relation to an application for a resource consent apply in relation to the application for the coastal permit, except as provided in this section.
The consent authority must, after receiving the application, promptly provide a copy of it to the Minister of Conservation and the relevant territorial authority.
The consent authority must publicly notify the application.
Section 100A does not apply in relation to the application for the coastal permit.
The consent authority must delegate, under section 34A, its functions, powers, and duties required to hear and decide the application to 1 or more persons permitted by section 34A(1), including 1 person nominated by the Minister of Conservation.
The consent authority must ensure that a notice of its decision on the application is served on the Minister of Conservation under section 114.

Notes

Section 117: replaced, on 1 October 2009, by section 89 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).