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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

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

You could also call this:

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

The Governor-General can give directions to a regional council about how to allocate space in a common marine and coastal area. You might be wondering what this means - a common marine and coastal area is a shared space near the coast that everyone can use. The Governor-General can tell the council not to allocate space in a certain way, or to allocate it in a specific way. The Minister can recommend that the Governor-General give these directions for a few reasons, including to follow Government policy or to comply with certain laws, such as the Maori Commercial Aquaculture Claims Settlement Act 2004. The directions can include things like how to allocate the space, how long the allocation should last, and who should get the space for free, according to section 165W. If the Governor-General gives a direction about how to allocate space, it must be done before the council notifies the public about the allocation, as stated in clause 5 or 26 of Schedule 1 or clause 19 of Schedule 1. The Minister can only make a recommendation within three months of receiving a notice under section 165I(3). If an Order in Council is made, it does not affect any public notifications or applications that were already made, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236043.

Topics:
Environment and resources > Conservation Environment and resources > Town planning Māori affairs > Treaty of Waitangi Government and voting > Local councils
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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."

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165L: Regional council may request use of allocation method, or

"A council can ask the government for permission to use a special way of giving out permits for using coastal areas."

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

165KPower to give directions relating to allocation of authorisations for space provided for in plan

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, direct a regional council whose regional coastal plan or any proposed regional coastal plan provides for a rule in relation to a method of allocating authorisations for space in a common marine and coastal area—

  2. not to proceed with a proposed allocation of authorisations for space in a common marine and coastal area; or
    1. in proceeding with a proposed allocation of authorisations for space in a common marine and coastal area, to give effect to the matters specified in the Order in Council.

      1. The Minister may make a recommendation under subsection (1) only for 1 or more of the following purposes:

      2. to give effect to Government policy in the common marine and coastal area:
        1. to preserve the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
          1. to facilitate compliance with section 165W:
            1. to assist the Crown to comply with its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.

              1. The matters referred to in subsection (1)(b) include—

              2. the allocation method to be used:
                1. subject to sections 123 and 123A, the maximum term of a coastal permit to which the authorisations available for allocation relate:
                  1. the allocation, at no cost, of authorisations relating to specific spaces within a common marine and coastal area to the Crown:
                    1. the allocation, at no cost, of authorisations relating to specific spaces in a common marine and coastal area, or a certain proportion of the authorisations proposed to be allocated, to the trustee that is representative of the entire space for which authorisations are to be offered under the proposed allocation.

                      1. If an Order in Council contains a direction under subsection (3)(a), the order must be made before—

                      2. the relevant proposed plan is notified under clause 5 or 26 of Schedule 1; or
                        1. the Minister approves the relevant regional coastal plan under clause 19 of Schedule 1.

                          1. If an Order in Council contains a direction under subsection (3)(b), (c), or (d), the order must be made before the regional council publicly notifies the offer under section 165I.

                          2. Subject to subsection (4), the Minister may make a recommendation under subsection (1) only if the Minister makes the recommendation within 3 months after receiving a notice under section 165I(3).

                          3. An Order in Council does not affect the following if made before the Order in Council comes into force:

                          4. a publicly notified offer of authorisations:
                            1. an application for a coastal permit.

                              1. An authorisation allocated in accordance with subsection (3)(d) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004.

                              2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                              Compare
                              Notes
                              • Section 165K: replaced, on , by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                              • Section 165K(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).