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Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area - Authorisations

165T: Authorisation lapses in certain circumstances

You could also call this:

“Your permission to do something will automatically stop after two years unless you take further action.”

If you have an authorisation, it will stop being valid after two years, unless something else happens. This can happen on the day it is granted or on a earlier day that is specified in the authorisation. You might be able to keep your authorisation if you apply for a coastal permit before the two years are up. You need to apply for a coastal permit to occupy space for the activity that your authorisation is for. If you do this, your authorisation will not stop being valid until a decision is made about your coastal permit application. Your authorisation will keep being valid until the time for appealing the decision has passed, or until an appeal has been decided by the Environment Court, which you can find out more about by looking at the Resource Management Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236065.

Topics:
Environment and resources > Conservation Environment and resources > Town planning
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165S: Authorisation transferable, or

"You can give your authorisation to someone else, but you must tell the council first."

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165U: Public notice of offer of authorisations by regional council, or

"Regional council tells public about permissions they're offering"

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area: Authorisations

165TAuthorisation lapses in certain circumstances

  1. An authorisation lapses at the close of 2 years after the day on which it is granted (or any earlier day that may be specified in the authorisation) unless subsection (3) applies.

  2. Subsection (3) applies,—

  3. for an authorisation for which no earlier date is specified, if,—
    1. before the second anniversary of the date on which an authorisation is granted, its holder has applied for a coastal permit to occupy space in respect of the activity that the authorisation relates to; and
      1. on the second anniversary date,—
        1. no decision has been made by the consent authority whether to grant or decline the application; or
          1. the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal; or
        2. for an authorisation specified to lapse on a date earlier than 2 years after the day on which it is granted, if,—
          1. before the date specified in the authorisation, its holder has applied for a coastal permit to occupy space in respect of the activity that the authorisation relates to; and
            1. on the date specified in the authorisation,—
              1. no decision has been made by the consent authority whether to grant or decline the application; or
                1. the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal.

              2. The authorisation does not lapse until—

              3. the time for lodging an appeal in respect of the decision has expired and no appeal has been lodged; or
                1. an appeal has been lodged and the court has given its decision on the appeal.

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