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Resource Management Act 1991

Coastal tendering

152: Order in Council may be made requiring holding of authorisation

You could also call this:

“The Government can decide that you need special permission to do certain things in coastal areas.”

The Governor-General can make an order that says a consent authority can’t give a coastal permit for certain parts of the marine and coastal area. This means you can’t get permission to remove sand, shingle, shell, or other natural materials, or to reclaim or drain foreshore or seabed in these areas unless you have a special authorisation.

The Minister can advise the Governor-General to change or cancel this order. However, the Minister can’t advise making an order about reclaiming or draining the coastal marine area until a regional coastal plan has been prepared and notified for that region.

The Minister will only advise making these orders if they think there might be competing demands for using the area for these activities.

These orders don’t last forever. They expire two years after they start, or two years after the original order started if it’s an amendment.

The order is considered secondary legislation, which means it follows special rules about how it’s published and made official.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235468.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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151: Interpretation, or

“This section explains the meaning of important words used in the rules about coastal areas.”

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153: Application of Order in Council, or

“This rule explains which coastal activities are not affected by new government orders”

Part 7 Coastal tendering

152Order in Council may be made requiring holding of authorisation

  1. The Governor-General may, by Order in Council, on the advice of the Minister, direct that a consent authority must not grant a coastal permit, in respect of a specified part of the marine and coastal area (other than in respect of any specified freehold land) that would, if granted, authorise the permit holder—

    1. remove any sand, shingle, shell, or other natural material, within the meaning of section 12(4), from any such land; or
      1. reclaim or drain any of such land that is foreshore or seabed—
          1. unless the applicant for the coastal permit is the holder of an authorisation authorising such taking, removal, reclamation, or drainage.

        1. Every Order in Council made under subsection (1) may, by Order in Council made on the advice of the Minister, be amended or revoked.

        2. The Minister shall not advise the making of an Order in Council under subsection (1) or subsection (2) which relates to any activity described in subsection (1)(c) in the coastal marine area of any region until a proposed regional coastal plan has been both prepared and notified under this Act in respect of that region.

        3. The Minister shall not advise the making of an Order in Council under subsection (1) or (2) unless the Minister considers that there is, or is likely to be, in respect of any area to which it is proposed that the Order in Council relate, competing demands for the use of that area for all or any of the activities referred to in subsection (1).

        4. Every Order in Council made under subsection (1), and every Order in Council made under subsection (2) amending a previous Order in Council, shall expire on the second anniversary of the date on which—

        5. in the case of an Order in Council made under subsection (1), it came into force:
          1. in the case of an Order in Council made under subsection (2), the original Order in Council amended came into force.

            1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            Notes
            • Section 152(1): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
            • Section 152(1): amended, on , by section 14(1)(b) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
            • Section 152(1)(a): repealed, on , by section 14(1)(a) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
            • Section 152(1)(b): amended, on , by section 80 of the Resource Management Amendment Act 1993 (1993 No 65).
            • Section 152(3): amended, on , by section 14(2) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
            • Section 152(4): replaced, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
            • Section 152(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).