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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

165P: Offer of authorisations where approved by Minister

You could also call this:

“The government tells local councils how to give out special permissions for using parts of the sea and coast.”

If the Minister approves a public tender or another method for giving out authorisations under section 165N(1)(c), the regional council must publicly announce that they are offering authorisations for coastal permits. These permits allow you to occupy space in the common marine and coastal area. The council must follow the terms the Minister approved when making this offer.

The Minister’s approval, which is published in the Gazette, will no longer be valid if the regional council doesn’t carry out the public tender or use the approved method within the time given in the notice. However, the Minister can extend this time by publishing another notice in the Gazette.

The Minister will only give more time if they believe two things: First, that the regional council has tried their best to carry out the tender or use the approved method. Second, that the council really needs more time to do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236054.

Topics:

Environment and resources > Conservation

Environment and resources > Town planning

Government and voting > Local councils

165O: Period of approval, or

“The Minister decides how long the special way of giving out permits can be used.”

165Q: When applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice, or

“Rules about getting permission to use certain ocean areas when the government has a special way of giving out permits”

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

165POffer of authorisations where approved by Minister

If the Minister approves the use of a public tender or other method for allocating authorisations under section 165N(1)(c), the regional council must by public notice offer authorisations for coastal permits for the occupation of space in the common marine and coastal area in accordance with the terms of that approval.
A Gazette notice under section 165N(1)(c) lapses if the regional council does not carry out the public tender or implement the other approved allocation method within the period specified in the notice (or any extension of time specified by the Minister in a further notice under subsection (3)).
The Minister may by notice in the Gazette approve an extension of time for carrying out a public tender or implementing the other approved allocation method, but only if the Minister is satisfied that—
the regional council has taken all reasonable steps to carry out the public tender or implement the other approved allocation method; and
the regional council requires further time to carry out the public tender or implement the other approved allocation method.

Notes

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