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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:

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

If a regional coastal plan has a rule about how to give out authorisations, the regional council must offer them to the public. You will see these offers in a public notice and they must follow the rule in the plan. The council must do this for coastal permits that allow people to occupy space in the common marine and coastal area.

The regional council must tell the Minister at least 4 months before they make an offer of authorisations. This is so the Minister knows what is happening. The council must follow the rules in the plan when making the offer.

In some cases, the Minister of Aquaculture might be in charge of making the offer instead of the regional council. This can happen if the regional coastal plan has been changed by regulations under section 360A. If this happens, the Minister of Aquaculture must make the offer to the public, following the rule in the plan.

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This page was last updated on

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 > Town planning Housing and property > Land use
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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

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

Next

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

"You need permission to apply for a coastal permit if a plan says so."

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).