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Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area - Ministerial approval of use of method of allocating authorisations

165L: Regional council may request use of allocation method

You could also call this:

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

You can ask the Minister to approve a special way of giving out permissions if there’s a lot of demand for using space in the common marine and coastal area. This can happen if your regional council’s plan doesn’t have a good way to manage this demand, or if the current rules aren’t working well enough.

If you want to do this, you need to tell the Minister exactly what method you want to use (like a public auction), what activities it’s for, and where in the coastal area it will apply. You also need to explain why you think this method is needed and how you plan to use it.

You can ask to use this method once or many times. When you make this request, you have to tell the public about it right away. You also need to let the Environmental Protection Authority know.

When you tell the public, you need to include details about the method, activities, and area it will cover. You also need to let people know that they can give feedback on your request, as explained in section 165M(2) and (3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236045.

Topics:
Environment and resources > Conservation
Government and voting > Local councils
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“The government can tell local councils how to share out space in coastal areas to make sure it's fair for everyone.”

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165M: Stay on applications following request under section 165L, or

“When a council asks to control coastal permits, no one can apply for them until a decision is made.”

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area: Ministerial approval of use of method of allocating authorisations

165LRegional council may request use of allocation method

  1. This section applies if—

  2. in a regional council’s opinion it is desirable due to actual or anticipated high demand or competing demands for coastal permits for occupation of space in the common marine and coastal area for the purpose of 1 or more activities, that a method be used to allocate authorisations for the space; and
    1. either—
      1. a regional coastal plan does not provide for a rule in relation to a method of allocating authorisations for the space for the purpose of the activities; or
        1. a regional coastal plan does provide for a rule referred to in subparagraph (i), but the regional council considers that it will not enable it to manage effectively the high demand or the competing demands for coastal permits for the occupation of space for the purpose of the activities.

        2. The regional council may request the Minister to approve allocation by public tender of authorisations or another method of allocating authorisations for the space in the common marine and coastal area.

        3. A request under subsection (2) must—

        4. specify,—
          1. if it does not relate to a public tender, the proposed method for allocation of authorisations; and
            1. the activities it is proposed the public tender or other allocation method will apply to; and
              1. the space in the common marine and coastal area it is proposed the public tender or other allocation method will apply to; and
                1. how and when the public tender or other method for allocating authorisations is proposed to be implemented in the space, including any staging of the allocation; and
                  1. the reasons for the council’s opinion that it is desirable that an allocation method be used in relation to the space; and
                  2. if the proposed allocation method is not public tender, give reasons why the council proposes to use the alternative allocation method; and
                    1. be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the activity or activities covered by the request.

                      1. A request under subsection (2) may relate to a single use of the proposed allocation method or its use on more than 1 occasion.

                      2. On the day a request is made under subsection (2), or as soon as practicable afterwards, a regional council must—

                      3. give public notice of the request; and
                        1. give notice of the request to the Environmental Protection Authority.

                          1. A public notice under subsection (5) must include—

                          2. the matters in subsection (3)(a)(i) to (iii); and
                            1. a statement to the effect of section 165M(2) and (3).

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