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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 permission to apply for a coastal permit if a plan says so.”

If you want to apply for a coastal permit to occupy space in the common marine and coastal area, you need to follow some rules. You must hold an authorisation that relates to the space and activity, or have a coastal permit granted under an authorisation that related to the occupation of that space. This rule applies if a regional coastal plan or a proposed plan provides for public tendering or another method of allocating authorisations.

If you already applied for a coastal permit before the regional coastal plan became operative, this rule does not affect your application. You can still apply for a coastal permit if you are referred to in section 165ZH and you apply after a rule in a proposed regional coastal plan has legal effect, but before the rule becomes operative.

You cannot apply for a coastal permit unless you meet these conditions, so make sure you understand the rules before you apply.

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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=DLM236041.

Topics:
Environment and resources > Conservation Environment and resources > Town planning
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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"

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

"The Government can tell councils how to share coastal spaces with the public."

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

  1. 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.

  2. A person must not apply for a coastal permit authorising occupation of the space for the activity unless the person is the holder of—

  3. an authorisation that relates to the space and activity; or
    1. 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.

      1. 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.

      2. Subsection (2) does not affect any application referred to in section 165ZH that is received by the regional council—

      3. after a rule in a proposed regional coastal plan has legal effect; but
        1. before the rule becomes operative.

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