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Resource Management Act 1991

Coastal tendering

164: Authorisation to lapse in certain circumstances

You could also call this:

“Your authorisation will stop being valid if you don't get a coastal permit within two years.”

If you have an authorisation, it will stop being valid unless you get a coastal permit within two years. This permit must let you do the activity and occupy the area that your authorisation is for. You need to get this permit within two years of being granted the authorisation.

If you apply for a coastal permit before the two-year mark, but a decision has not been made by the consent authority by that time, your authorisation will not stop being valid yet. This also applies if the consent authority has made a decision, but the time to appeal to the Environment Court has not expired, or if an appeal has been lodged but the court has not made a decision.

Your authorisation will stay valid until the time to appeal has expired or the Environment Court has made a decision on your appeal. You can find more information about the Environment Court and the appeal process through the Resource Management Amendment Act 1996.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236000.

Topics:
Environment and resources > Conservation Environment and resources > Town planning
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163: Authorisation transferable, or

"You can give your coastal permit to someone else if you tell the Minister and local council about it in writing."

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165: Tender money, or

"This explains how the government handles money paid by people who want to use coastal areas."

Part 7 Coastal tendering

164Authorisation to lapse in certain circumstances

  1. Subject to subsection (2), an authorisation shall lapse unless, within 2 years after it was granted, its holder has obtained a coastal permit which includes conditions authorising the holder to undertake the activity and (if relevant) occupy the area in respect of which the authorisation was granted.

  2. Where—

  3. before the second anniversary of the date an authorisation is granted, its holder has applied for a coastal permit in respect of the activity to which the authorisation relates; and
    1. on that second anniversary date—
      1. no decision has been made by the consent authority on that application; or
        1. the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on that appeal—
          2. the authorisation shall not lapse until the time for lodging an appeal in respect of the decision has expired, or the decision of the court in respect of any appeal has been given.

        Notes
        • Section 164(2): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
        • Section 164(2)(b)(ii): amended, on , pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).