Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area - Regional coastal plan provisions relating to occupation of common marine and coastal area

165H: Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan

You could also call this:

“Regional councils must carefully consider and explain their reasons for rules about sharing coastal space before adding them to their plans.”

When you want to add a rule about how to use space in the sea and coast that everyone shares, you need to think about some important things first. You should consider why you want to add the rule and why you might not want to. If you’re not going to use the usual way of giving out permissions, you need to explain why and think about how it might affect people who already have special rights to use that space.

If you decide to add a rule, you need to be sure it’s really needed for your area. You also need to make sure that the way you’re giving out space is the best way for your area. You should think about how well it will work compared to other ways of doing it.

After you’ve thought about all these things, you need to write a report that explains what you decided. You have to let everyone see this report when you add the rule to your plan for the coast.

There are some special rules about how you can challenge these decisions. You can only do it by making a submission when the plan is being made. But if someone is listening to submissions or appeals about the plan, they can still think about all the things mentioned earlier.

Remember, there might be some other rules made by the government that change how you do this, so you need to check for those too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236036.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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165G: Plan may specify allocation methods, or

“A plan can say how to share out space in the coastal area for different activities.”

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165I: Offer of authorisations for activities in common marine and coastal area in accordance with plan, or

“Councils must tell people when they can apply for permission to use shared ocean areas, following the rules they've set.”

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area: Regional coastal plan provisions relating to occupation of common marine and coastal area

165HRegional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan

  1. Before including a rule in a regional coastal plan or proposed regional coastal plan in relation to the allocation of space in a common marine and coastal area for the purposes of an activity, a regional council must—

  2. have regard to—
    1. the reasons for and against including the proposed rule; and
      1. if the proposed rule provides for a method of allocation of space other than by a method of allocating authorisations,—
        1. the reasons why allocation other than by a method of allocating authorisations is justified; and
          1. how this may affect the preferential rights provided for in section 165W; and
          2. if the proposed rule provides for a method of allocating authorisations other than by public tender,—
            1. the reasons why allocation other than by public tender is justified; and
              1. how this may affect the preferential rights provided for in section 165W; and
            2. be satisfied that—
              1. a rule in relation to the allocation of space is necessary or desirable in the circumstances of the region; and
                1. if the proposed method of allocating space is not allocation of authorisations, or the proposed allocation of authorisations is not by public tender, the proposed method is the most appropriate for allocation of space in the circumstances of the region, having regard to its efficiency and effectiveness compared to other methods of allocating space.

                2. The regional council must—

                3. prepare a report summarising the matters required by subsection (1); and
                  1. make the report available for public inspection at the same time, or as soon as practicable after, the rule is included in the regional coastal plan or proposed regional coastal plan.

                    1. Sections 32 and 32AA do not apply to the inclusion of a rule in accordance with subsection (1).

                    2. Subsection (1) applies subject to an Order in Council made under section 165K.

                    3. A challenge to a rule on the ground that this section has not been complied with may be made only in a submission under Schedule 1.

                    4. Subsection (4) does not preclude a person who is hearing a submission or an appeal on a proposed regional coastal plan from taking into account the matters stated in subsection (1).

                    Compare
                      Notes
                      • Section 165H: replaced, on , by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                      • Section 165H(1A): inserted, on , for all purposes, by section 80(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 165H(2): amended, on , for all purposes, by section 80(2) of the Resource Management Amendment Act 2013 (2013 No 63).