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Resource Management Act 1991

Coastal tendering

164: Authorisation to lapse in certain circumstances

You could also call this:

“ An authorisation can expire if you don't get the right permit within two years, but there are some exceptions. ”

You have two years to get a coastal permit after you receive an authorisation. If you don’t get a permit within two years, your authorisation will expire.

However, if you apply for a coastal permit before the two years are up, your authorisation won’t expire right away. It will stay valid until:

  1. The time for appealing the decision about your permit has passed, or
  2. If there’s an appeal, until the Environment Court makes a decision about it.

This gives you extra time if your permit application is still being processed or if there’s an ongoing appeal when the two years are nearly over.

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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).