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

The Governor-General can tell a regional council what to do about giving out permits for using space in the common marine and coastal area. This can happen if the council’s plan has rules about how to give out these permits.

The Governor-General can tell the council not to give out permits, or to follow specific instructions when giving them out. This can only be done for certain reasons, like following government policy, keeping promises to Māori groups, or following specific laws.

The instructions can be about things like how to choose who gets permits, how long the permits last, or giving some spaces to the government for free. They can also include giving some spaces or a certain number of permits to a group that represents the whole area.

There are rules about when these instructions can be given. They must be given before the council’s plan is made public or approved, or before the council announces that permits are available.

The Minister has three months to recommend these instructions after getting a notice from the council. If the instructions are given after the council has already offered permits or received applications, those aren’t affected.

If permits are given to a Māori trustee group, they are considered part of a settlement agreement. The order giving these instructions is a type of law that needs to be published in a specific way.

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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
Government and voting > Local councils
Māori affairs > Treaty of Waitangi
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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.”

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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).