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New Zealand law explained for everyone

Resource Management Act 1991

Coastal tendering

156: Effect of Order in Council

You could also call this:

“ This law says when you need special permission to do things in coastal areas ”

When there’s an Order in Council for a part of the coastal marine area, you need to be careful about what you can do there. If you want to remove sand, shingle, shell, or other natural materials from that area, you need to have special permission called an authorisation. This is also true if you want to reclaim or drain any of the foreshore or seabed in that area. Without this authorisation, you can’t get a coastal permit to do these things.

However, there are two exceptions to this rule. First, if section 153 says something different, that might change what you can do. Second, if the Order in Council doesn’t require an authorisation for these activities, then you might not need one.

Remember, the consent authority (the people who give out permits) can’t give you a coastal permit for these activities unless you have the right authorisation or the Order in Council doesn’t require one.

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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 > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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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

“The government can ask people to compete for permission to use parts of the coast for certain activities.”

Part 7 Coastal 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).