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Resource Management Act 1991

Transitional provisions - Transitional resource consents

384: Existing permissions to become coastal permits

You could also call this:

"Old coastal permissions are now called coastal permits and must follow the new rules."

If you have a permission to use a coastal area, it will become a coastal permit under this Act. This means you can keep using the area, but now you have to follow the rules of this Act. Your permission will have the same conditions as it did before, unless those conditions contradict the rules of this Act.

When this Act started, some permissions were automatically changed into coastal permits. You might have had a permission under the Town and Country Planning Act 1977, the Harbours Act 1950, or another special Act. If you did, it is now a coastal permit.

You can't do anything that is against the rules in section 12, just because you have a coastal permit. You need to have all the necessary permissions, licences, and approvals to do an activity. If you want to change your coastal permit, you can apply to the regional council under section 127(1).

If you apply to change your permit, the regional council will only tell the Minister of Conservation and other people who might be affected by your activity. This section has some exceptions, and you should check section 12 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 to see how they apply to you.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use
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Part 15Transitional provisions
Transitional resource consents

384Existing permissions to become coastal permits

  1. Every—

  2. permission granted under any of Parts 2, 4, and 5 of the Town and Country Planning Act 1977 (or the corresponding provisions of any former enactment); and
    1. licence or permit granted under section 146A or section 156 or section 162 or section 165 of the Harbours Act 1950, Order in Council made under section 175 of that Act, and every approval granted under section 178(1)(b) or (2) of that Act (or the corresponding provisions of any former enactment); and
      1. licence, permit, or authority granted under any Act that was, at the time of its enactment, a special Act within the meaning of the Harbours Act 1950 or any other enactment that provides for any right of occupation—
          1. in respect of any area in the coastal marine area, being a permission, licence, permit, or authority in force immediately before the date of commencement of this Act, shall be deemed to be a coastal permit granted under this Act on the same conditions (including those set out in any enactment, whether or not repealed or revoked by this Act, except to the extent that they are inconsistent with the provisions of this Act) by the appropriate consent authority; and the provisions of this Act shall apply accordingly.

        1. Notwithstanding section 12, a person who is the holder of—

        2. a permission referred to in subsection (1)(a); or
          1. a licence, permit, or approval referred to in subsection (1)(b); or
            1. a licence, permit, or authority referred to in subsection (1)(c); or
              1. a coastal permit granted by virtue of the operation of any of the provisions of sections 390, 390A, 390C, and 393—
                  1. shall not thereby be authorised to carry out any activity referred to in section 12, except where that person also holds every other permission, licence, permit, or approval referred to in subsection (1)(a) or subsection (1)(b) that, immediately before the date of commencement of this Act, he or she was legally required to hold in order to carry out the activity.

                1. Notwithstanding subsection (2), every coastal permit deemed to be granted by subsection (1) shall be deemed to include a condition enabling the holder of the permit, at any time until the proposed regional coastal plan is notified, to apply to the relevant regional council under section 127(1) to change the permit for the purpose of including, as conditions of that permit, matters that could have been included in a permission referred to in subsection (1)(a) or a licence, permit, or approval referred to in subsection (1)(b) or a licence, permit, or authority referred to in subsection (1)(c), and of enabling the permit to authorise the activity.

                2. Notwithstanding section 127, any application under that section to change a permit pursuant to subsection (3) shall be notified only to the Minister of Conservation and any other resource consent holder who may be affected by the activity which is the subject of the application.

                3. This section applies subject to section 12 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

                Notes
                • Section 384: replaced, on , by section 176 of the Resource Management Amendment Act 1993 (1993 No 65).
                • Section 384(5): inserted, on , by section 21 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).