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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:

“Before making a rule about sharing coastal space, the regional council must think carefully about it and consider the effects.”

When a regional council wants to include a rule in a regional coastal plan about how to allocate space in a common marine and coastal area, you need to think about some things first. You have to consider the reasons for and against including the rule. If the rule suggests allocating space in a way that is not by giving out authorisations, you must think about why this method is justified and how it might affect certain rights mentioned in section 165W.

You also need to be satisfied that the rule is necessary or desirable for your region. If the method of allocating space is not by giving out authorisations, or if authorisations are not given out through a public tender, you must think about whether this method is the most appropriate for your region. You have to consider how efficient and effective it is compared to other methods.

The regional council must prepare a report that summarises the things they had to think about, and make this report available for the public to see when the rule is included in the regional coastal plan.

There are some other rules, like sections 32 and 32AA, that do not apply when including a rule in a regional coastal plan in this way. This rule can be affected by an Order in Council made under section 165K. If someone wants to challenge a rule because they think this section has not been followed, they can only do this through a submission under Schedule 1.

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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 > Town planning Environment and resources > Conservation
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165G: Plan may specify allocation methods, or

"A plan can decide how to share space in our coastal areas for different activities."

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

"How councils offer permits to use coastal areas, following the rules in their plan"

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).