Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Miscellaneous provisions

355A: Application for consent to unlawful reclamation

You could also call this:

“You can ask for permission to keep land that was wrongly taken from the sea.”

If someone has reclaimed land from the sea without permission, either before or after this law was made, they can ask for approval after the fact. They do this by applying for a coastal permit from the right authority. The authority can give them this permit, treating the land as if it were still part of the sea.

When you apply for this permit, you need to follow the same rules as any other application. These rules are explained in another part of the law called Part 6.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239330.

Topics:
Environment and resources > Conservation
Environment and resources > Land use
Government and voting > Local councils
Previous

355AB: Application for renewals, or

“Rules for asking to continue using something that was allowed before”

Next

355B: Enforcement powers against unlawful reclamations, or

“The government can take action if someone builds on the beach without permission.”

Part 14 Miscellaneous provisions

355AApplication for consent to unlawful reclamation

  1. Where land has at any time (whether before or after the date of commencement of this Act) been reclaimed from the coastal marine area unlawfully, any person may apply under section 88 to the relevant consent authority for, and the consent authority may grant to that person, a coastal permit consenting to that reclamation, as if the land were still situated within the coastal marine area.

  2. The provisions of Part 6 apply in respect of any application made under subsection (1).

Notes
  • Section 355A: inserted, on , by section 58 of the Resource Management Amendment Act 1997 (1997 No 104).