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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

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

You could also call this:

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

When a regional council asks for permission to use a method to give out coastal permits, some special rules apply. You can’t apply for a coastal permit to use the space that the council is asking about. This rule starts when the council tells everyone about their request and ends when one of two things happens:

  1. The council tells everyone that their request was turned down, or
  2. The government approves the method and puts a notice in the official newspaper.

If the government says yes to the council’s request, there will be new rules about how to apply for permits. These new rules will start as soon as the approval is given.

These rules don’t change anything for people who already sent in their applications before the council made its request. They also don’t affect some special cases that are mentioned in another part of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236047.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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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.”

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165N: Minister may approve use of allocation method, or

“The Minister can decide if and how to allow special ways 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: Ministerial approval of use of method of allocating authorisations

165MStay on applications following request under section 165L

  1. Subsection (2) applies if a regional council has made a request under section 165L(2).

  2. A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an activity in the request during the period commencing on the day on which public notice of the request is given under section 165L(5)(a), and ending on the earlier of—

  3. the day on which the regional council publicly notifies under section 165N(8) that the request has been declined; or
    1. the day on which the approval of an allocation method is notified in the Gazette under section 165N(1)(c)(i).

      1. If the request is approved, section 165Q applies to applications from the date the approval applies.

      2. Neither this section nor section 165Q affects any application received by the regional council before the request was made under section 165L(2) or any application referred to in section 165ZH.

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