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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

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

You could also call this:

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

If a regional coastal plan has a rule about how to give out permits for using space in the common marine and coastal area, the regional council must follow that rule. They need to tell everyone about these permits by putting out a public notice.

Before the regional council can offer these permits, they must tell the Minister at least 4 months ahead of time.

There are some exceptions to this rule. The Minister can make an order that changes how this works. Also, in some cases, the Minister of Aquaculture might be the one to offer the permits instead of the regional council.

If the Minister of Aquaculture is supposed to offer the permits, they must follow the same rules as the regional council. They need to put out a public notice and follow the plan’s rules for giving out permits.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236039.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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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, or

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

Next

165J: When applications not to be made unless applicant holds authorisation in accordance with plan, or

“You need special permission before asking to use certain areas of the sea and coast.”

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

165IOffer of authorisations for activities in common marine and coastal area in accordance with plan

  1. If a regional coastal plan includes a rule that provides for public tendering or another method of allocating authorisations, the regional council must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area.

  2. Subsection (1) applies subject to—

  3. subsection (3); and
    1. any Order in Council made under section 165K; and
      1. subsection (4).

        1. A regional council must give the Minister not less than 4 months' notice before making an offer of authorisations under subsection (1).

        2. If a regional coastal plan includes a rule that provides for public tendering or another method of allocating authorisations and the Minister of Aquaculture is identified as the decision maker as a result of an amendment to the regional coastal plan by regulations under section 360A, the Minister of Aquaculture must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area.

        Compare
          Notes
          • Section 165I: replaced, on , by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
          • Section 165I(2)(c): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
          • Section 165I(4): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).