Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Coastal tendering

159: Acceptance of tender, etc

You could also call this:

“The Minister decides how to handle offers for using coastal areas, considering various factors and informing everyone involved.”

When the Minister is deciding about tenders for activities in the coastal marine area, they have to think about a few things. They need to consider what’s best for the Crown, look at the money situation of the people making offers, and think about any other important stuff.

After thinking about all of this, the Minister can choose what to do. They might pick any offer they like, even if it’s not the highest one. Or they might decide to talk privately with someone who made an offer, to try and make a deal. If they don’t like any of the offers, they can say no to all of them and ask for new ones using section 157.

Once the Minister decides what to do, they have to tell the regional council and everyone who made an offer. They need to write down their decision and explain why they made it.

If the Minister picks someone’s offer, they have to tell everyone the name of the person they chose and what kind of activity they’ll be doing.

If the Minister makes a private deal with someone, they also have to tell the regional council and the other people who made offers. They need to say who they made the deal with and what kind of activity it’s for.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235493.

Topics:

Environment and resources > Conservation

Government and voting > Local councils

158: Requirements of tender, or

“Explains what you need to include when you apply for permission to do things in coastal areas”

160: Notice of acceptance of tender, or

“The Minister tells the winner their offer is accepted and lets others know they didn't win.”

Part 7 Coastal tendering

159Acceptance of tender, etc

After having regard to—
the interests (including the financial interests) of the Crown in the coastal marine area; and
the financial and other circumstances of the tenderers; and
any other matters the Minister considers relevant—
accept any tender, whether or not it is the highest tender; or
enter into private negotiations with any tenderer, whether or not that tenderer offered the highest tender, with a view to reaching an agreement; or
reject all tenders and call for new tenders under section 157.

On making a decision to accept a tender or to reject all tenders, the Minister shall forthwith give written notification of the decision and the reasons for it to the appropriate regional council and every tenderer.
When giving notification under subsection (2) of the decision to accept a tender, the Minister shall include in the notification details of the name of the successful tenderer and the nature of the activity to which the tender relates.
If the Minister reaches an agreement with a tenderer pursuant to subsection (1)(e), the Minister shall forthwith give written notification to the appropriate regional council and every other tenderer of the name of the person with whom agreement was reached and the nature of the activity to which the agreement relates.