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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

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

You could also call this:

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

If the Minister has approved a special way of giving out permissions for activities in a shared ocean and coastal area, you need to follow these rules. The Minister will announce this in the official Gazette newspaper.

When this special method is in place, you can’t ask for a coastal permit to use that area for the activities covered by the announcement. You can only ask for a permit if you already have permission that matches the area and activity.

This rule applies for as long as the Minister’s special method is active. The special method could be a public contest or another way of deciding who gets to use the area.

If you want to know more about how the Minister can approve these special methods, you can look at section 165N(1)(c)(i) of this 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=DLM236056.

Topics:

Environment and resources > Conservation

Environment and resources > Town planning

Government and voting > Local councils

165P: Offer of authorisations where approved by Minister, or

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

165R: Authorisation not to confer right to coastal permit, or

“Getting permission to use a coastal area doesn't mean you can automatically do things there.”

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

165QWhen applications not to be made or granted unless applicant holds authorisation in accordance with Gazette notice

Subsection (2) applies to space in the common marine and coastal area if the Minister has approved public tendering or another method for allocating authorisations in relation to any activity in that space by a Gazette notice under section 165N(1)(c)(i).
During the period that the approval to use public tendering or another allocation method applies, no person may apply for a coastal permit authorising occupation of the space for an activity covered by the approval unless the person is the holder of an authorisation that relates to that space and activity.

Notes

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