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
3. 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.

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

5. to give effect to Government policy in the common marine and coastal area:
6. 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:
7. to facilitate compliance with section 165W:
8. to assist the Crown to comply with its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.

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

10. the allocation method to be used:
11. subject to sections 123 and 123A, the maximum term of a coastal permit to which the authorisations available for allocation relate:
12. the allocation, at no cost, of authorisations relating to specific spaces within a common marine and coastal area to the Crown:
13. 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.

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

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

17. 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.

18. 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).

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

20. a publicly notified offer of authorisations:
21. an application for a coastal permit.

22. 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.

23. 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 1 October 2011, by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
• Section 165K(9): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).