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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

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

You could also call this:

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

In some areas of the common marine and coastal area, you need special permission to do certain activities. This is called an authorisation. If a regional coastal plan or a proposed plan that’s in effect says that authorisations for an activity in a specific area will be given out through public bidding or some other method, you need to follow these rules:

You can’t apply for a coastal permit to use that area for the activity unless you already have an authorisation for that specific area and activity, or you have a coastal permit that was given based on an earlier authorisation for using that area, and you’re applying to do something that was included in that original authorisation.

These rules don’t apply to applications that the regional council received before the regional coastal plan became active or before the rule in a proposed plan took effect.

There’s also a special case for applications mentioned in section 165ZH. If the regional council gets one of these applications after a rule in a proposed regional coastal plan has started to have legal effect, but before the rule is fully in force, the rules we just talked about don’t apply to that application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236041.

Topics:

Environment and resources > Conservation

Environment and resources > Town planning

Government and voting > Local councils

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.”

165K: Power to give directions relating to allocation of authorisations for space provided for in plan, or

“The government can tell local councils how to share out space in coastal areas to make sure it's fair for everyone.”

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

165JWhen applications not to be made unless applicant holds authorisation in accordance with plan

Subsection (2) applies to space in the common marine and coastal area if a regional coastal plan or a rule in a proposed regional coastal plan that has legal effect provides for public tendering or another method of allocating authorisations in relation to an activity in the space.
A person must not apply for a coastal permit authorising occupation of the space for the activity unless the person is the holder of—
an authorisation that relates to the space and activity; or
a coastal permit granted under an authorisation that related to the occupation of that space and the application is for an activity that was within the scope of the authorisation.

Subsection (2) does not affect any applications received by the regional council before the regional coastal plan became operative or the rule in a proposed regional coastal plan had legal effect.
Subsection (2) does not affect any application referred to in section 165ZH that is received by the regional council—
after a rule in a proposed regional coastal plan has legal effect; but
before the rule becomes operative.

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Notes

Section 165J: replaced, on 1 October 2011, by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).