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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:

“An authorisation can end after two years unless you've asked for a coastal permit and are still waiting for an answer.”

You get an authorisation to do something, but it doesn’t last forever. Usually, it ends after two years, unless something special happens.

If you want to keep your authorisation, you need to apply for a coastal permit before the two years are up. If you do this, your authorisation might last longer.

Sometimes, your authorisation might end earlier than two years. If that’s the case, you need to apply for a coastal permit before the date it’s supposed to end.

Your authorisation won’t end if:

The people in charge haven’t decided about your coastal permit application yet
They’ve made a decision, but you still have time to disagree with it in the Environment Court
You’ve disagreed with their decision in court, but the court hasn’t made a final decision yet

Once all decisions are made and there’s no more time to disagree, your authorisation will end. But until then, it stays active.

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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 > Land use

Government and voting > Local councils

165S: Authorisation transferable, or

“You can give your permission to use coastal space to someone else, but you need to tell the council first.”

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

“A regional council must tell everyone about chances to use coastal areas by giving specific details in a public announcement.”

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

165TAuthorisation lapses in certain circumstances

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.
Subsection (3) applies,—
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
2. on the second anniversary date,—
  1. no decision has been made by the consent authority whether to grant or decline the application; or
  2. 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
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
2. 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
  2. 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.

The authorisation does not lapse until—
the time for lodging an appeal in respect of the decision has expired and no appeal has been lodged; or
an appeal has been lodged and the court has given its decision on the appeal.

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Notes

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