Plain language law

New Zealand law explained for everyone

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 make a special rule to protect the coastal area by requiring permission to take things or change the land.”

The Governor-General can make a special rule that says you need a special permission to do certain things in the coastal area. This rule can stop you from taking sand, shingle, shell, or other natural materials from the coastal area, unless you have the right permission. You can find out what natural materials are by looking at section 12(4).

The Governor-General can also make a rule that says you need permission to reclaim or drain land that is foreshore or seabed. The Minister helps the Governor-General make these rules. The Minister will only help make these rules if they think there are competing demands for the use of the coastal area.

These special rules can be changed or cancelled by the Governor-General. The Minister must consider if there are competing demands for the use of the area before helping to make or change these rules. You can learn more about these rules, which are called secondary legislation, by looking at Part 3 of the Legislation Act 2019.

These rules will expire after two years, unless they are changed or cancelled before then. The rules can be amended or revoked by the Governor-General, with the help of the Minister. The Minister must follow certain rules when helping to make or change these special rules.

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 It might be out of date or be missing some parts.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

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 Housing and property > Land use
Previous

151: Interpretation, or

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

Next

153: Application of Order in Council, or

"What happens when a new rule is made: it doesn't affect things you were already doing or applied for."

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).