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Resource Management Act 1991

Coastal tendering

153: Application of Order in Council

You could also call this:

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

An Order in Council does not apply to or affect you if you made an application for a coastal permit before it came into force. It also does not apply if you are doing something that would otherwise go against certain rules, such as section 14, section 15, section 15A, or section 15B. This means you can still do what you were doing before the Order in Council came into force.

If you have a coastal permit or are doing something that is allowed in the coastal marine area, the Order in Council does not change this. You can still do what you are doing, even if the Order in Council says something different. This applies to any lawful activity you were doing before the Order in Council came into force.

The Order in Council also does not affect certain applications, such as those that are covered by sections 389, 390, 390A, 390C, 393, or 395. It does not affect applications for coastal permits that are covered by section 124. This means that if you have one of these applications, the Order in Council does not apply to you.

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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=DLM235473.

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

"The Government can make a special rule to protect the coastal area by requiring permission to take things or change the land."

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154: Publication, etc, of Order in Council, or

"Telling people about a new Order in Council rule"

Part 7Coastal tendering

153Application of Order in Council

  1. An Order in Council shall not apply to or affect—

  2. any application for a coastal permit made before the date on which the Order in Council came into force:
    1. any application, whether made before or after the date on which the Order in Council came into force, for a coastal permit to do something—
      1. that otherwise would contravene section 14, section 15, section 15A, or section 15B; or
        1. that otherwise would contravene section 12 (other than something described in section 152(1)(b) or (c) that is the subject of the Order in Council):
        2. any application to which any of sections 389, 390, 390A, 390C, 393, and 395 apply:
          1. any application for a coastal permit to which section 124 applies and any coastal permit granted as a result of any such application:
            1. any of the following in force or being carried out on the date on which the Order in Council came into force:
              1. any coastal permit:
                1. any lease, licence, permit, Order in Council, or approval described in section 425:
                  1. any permitted activity in the coastal marine area:
                    1. any other lawful activity.

                    Notes
                    • Section 153(b)(i): replaced, on , by section 59 of the Resource Management Amendment Act 2003 (2003 No 23).
                    • Section 153(b)(ii): replaced, on , by section 59 of the Resource Management Amendment Act 2003 (2003 No 23).
                    • Section 153(b)(ii): amended, on , by section 15(1) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
                    • Section 153(c): amended, on , by section 15(2) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
                    • Section 153(c): amended, on , by section 81 of the Resource Management Amendment Act 1993 (1993 No 65).
                    • Section 153(d): replaced, on , by section 33(2) of the Resource Management Amendment Act 1997 (1997 No 104).
                    • Section 153(e)(ii): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).