Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Coastal tendering

153: Application of Order in Council

You could also call this:

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

An Order in Council for coastal tendering doesn’t apply to certain things. It doesn’t affect applications for coastal permits made before the Order came into force. It also doesn’t affect applications for coastal permits to do things that would otherwise break specific laws, even if they’re made after the Order came into force. These laws are about water use, discharges, and coastal marine areas.

The Order doesn’t apply to applications covered by certain sections of the law. It also doesn’t affect applications for coastal permits that are renewals of existing permits.

Things that were already happening when the Order came into force aren’t affected. This includes existing coastal permits, certain leases and licences, allowed activities in the coastal marine area, and any other lawful activities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235473.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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152: Order in Council may be made requiring holding of authorisation, or

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

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

“Telling everyone about a new rule for coastal areas”

Part 7 Coastal 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).