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Resource Management Act 1991

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

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

You could also call this:

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

When the regional council wants to offer authorisations for activities in the common marine and coastal area, they need to give a public notice. This notice needs to tell you:

  • What activities the authorisation will allow you to do
  • Where exactly in the common marine and coastal area you can do these activities, including how big the area is
  • How long the coastal permit will last, but this has to follow the rules in sections 123 and 123A
  • When the last day is for you to make an offer
  • How the regional council will choose which offers win
  • Any special instructions given about offering these authorisations
  • How you need to submit your offer
  • If you need to pay any money to make an offer
  • Any other information the regional council thinks is important

The notice might also say:

  • If the authorisation will end earlier than two years after it’s given
  • If there are rules about giving the authorisation to someone else

If they’re using a tender process, the notice also needs to say:

  • How you need to pay (all at once or in parts)
  • If there’s a minimum price they’ll accept

Sometimes, the government can change these rules. If they do, the regional council has to follow the new rules when they make the notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236067.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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165T: Authorisation lapses in certain circumstances, or

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

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165UA: Public notice of offer of authorisations by Minister of Aquaculture, or

“The law says the government must tell everyone about special permissions for using parts of the sea and coast.”

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

165UPublic notice of offer of authorisations by regional council

  1. A notice given under section 165I(1) or 165P(1) must—

  2. specify the activities that the authorisation will apply to after it is issued; and
    1. describe the space in the common marine and coastal area that offers for authorisations are invited for, including the size and location of the space; and
      1. subject to sections 123 and 123A, specify the maximum term of the coastal permit; and
        1. specify the closing date for offers; and
          1. specify the criteria that the regional council will apply in selecting successful offers for authorisations; and
            1. include details of any direction given under section 165K in relation to the offer of authorisations by the regional council; and
              1. specify the manner in which offers for authorisations must be submitted; and
                1. specify any charge payable under section 36(1)(ca); and
                  1. specify any other matter that the regional council considers appropriate in the circumstances.

                    1. A notice may specify conditions on which the authorisation will be granted, including—

                    2. a date earlier than 2 years from the date of its granting on which the authorisation will lapse; and
                      1. restrictions on the transfer of authorisations.

                        1. If an offer of authorisations is to be by tender, the notice must also—

                        2. specify the form of remuneration required, whether all by advance payment, or by deposit and annual rental payments; and
                          1. specify whether or not there is a reserve price.

                            1. This section applies subject to an Order in Council made under section 165K.

                            Compare
                              Notes
                              • Section 165U: replaced, on , by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                              • Section 165U(1): amended, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).