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Resource Management Act 1991

Coastal tendering

156: Effect of Order in Council

You could also call this:

"What happens when the government makes a special rule for a coastal area"

If you want to do something in a coastal area, you need to get a permit. You cannot get a permit to remove natural materials like sand or shell from the coastal area, or to reclaim or drain the foreshore or seabed, unless you have an authorisation. This authorisation is needed if there is an Order in Council in place for that area, except in certain situations described in section 153, or if the Order in Council does not require an authorisation, and what is meant by natural materials is explained in section 12(4).

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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=DLM235484.

Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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155: Particulars of Order in Council to be endorsed on regional coastal plan, or

"Write down information about the government's coastal decision on the regional plan, but don't make it part of the plan."

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157: Calling of public tenders for authorisations, or

"Asking the Public to Bid on Using Parts of the Coast"

Part 7Coastal tendering

156Effect of Order in Council

  1. Except as otherwise provided in section 153, where an Order in Council is in force in respect of any part of the coastal marine area, a consent authority shall not grant a coastal permit to do any of the following in that part:

    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 that permit is the holder of an authorisation authorising such taking, removal, reclamation, or drainage, or unless that Order in Council does not require that any such authorisation be held.

        Notes
        • Section 156: amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
        • Section 156: amended, on , by section 16(b) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
        • Section 156(a): repealed, on , by section 16(a) of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
        • Section 156(b): amended, on , by section 82 of the Resource Management Amendment Act 1993 (1993 No 65).