165NMinister may approve use of allocation method

1. If the Minister receives a request under section 165L(2), the Minister—

2. must consult with relevant Ministers, including the Minister of Aquaculture (if the request relates to aquaculture activities); and
3. may—
   1. consult any other person whom the Minister considers it appropriate to consult; and
   2. request any further information from the regional council that made the request; and
4. must, within 25 working days after the date of receipt of the request,—
   1. by notice in the Gazette, approve the request—
      1. on the terms specified by the regional council in the request; or
      2. on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space; or
   2. decline the request.

5. A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister from making a decision on the request.

6. Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).

7. The Minister must not approve the request unless he or she considers that—

8. there is actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purpose of the activity or activities that the request applies to; and
9. the method and terms of allocation specified in the request, or any modified terms determined by the Minister will—
   1. effectively manage the actual or anticipated high demand or competing demands identified under paragraph (a); and
   2. be implemented within a time frame that is, in the Minister’s opinion, reasonable.

10. In considering whether to approve a request, the Minister must have regard to—

11. Government policy in relation to the common marine and coastal area:
12. 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:
13. the need to facilitate compliance with section 165W:
14. the ability of the Crown to give effect to its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.

15. As soon as practicable after deciding whether to approve a request, the Minister must notify the Environmental Protection Authority of his or her decision.

16. A Gazette notice under subsection (1)(c)(i)—

17. must specify,—
    1. if the approval does not relate to a public tender, the other allocation method that is approved; and
    2. the space and activities that the public tender or other allocation method will apply to; and
    3. how and within what period the public tender or other allocation method must be implemented, including any staging of the allocation; and
18. may also specify 1 or more of the following:
    1. whether the approval is for a single public tender, or a single use of the allocation method or is to be used on more than 1 occasion; and
    2. an expiry date for the approval; and
    3. a date by which authorisations allocated in accordance with the public tender or other allocation method will lapse, being a date that is not more than 2 years after the date on which an authorisation is granted; and
    4. any restrictions on transferring authorisations allocated under the public tender or other allocation method; and
    5. that applications received in respect of authorisations allocated under the public tender or other allocation method (together with any other applications for coastal permits related to the activities to which the authorisation relates) must be processed and heard together; and
    6. subject to sections 123 and 123A, the maximum term of a coastal permit to which the authorisations available for allocation relate; and
    7. that authorisations relating to specific spaces within a common marine and coastal area must be allocated to the Crown at no cost; and
    8. that authorisations relating to specific spaces, or a certain proportion of the authorisations that are representative of the entire space for which authorisations are to be offered in accordance with the public tender or other allocation method, must be allocated to the trustee at no cost.

19. If the Minister declines a request made under section 165L(2),—

20. the Minister must notify the regional council of the decision to decline the request; and
21. the regional council must as soon as practicable after receiving notice under paragraph (a) publicly notify that—
    1. the request was declined; and
    2. applications may be made for coastal permits to occupy any space for any activity that was the subject of the request.

22. A provision in a regional coastal plan that relates to the allocation of space to which a Gazette notice under this section relates does not apply during the period of the approval to the extent that it is inconsistent with the terms of the Gazette notice.

23. An authorisation allocated in accordance with subsection (7)(b)(viii) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004.

Notes

• Section 165N: replaced, on 1 October 2011, by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).