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Resource Management Act 1991

Transitional provisions - Transitional resource consents

384A: Right of port companies to occupy coastal marine area

You could also call this:

"Port companies can use coastal areas for business if they follow the rules and get permission"

If you are a port company, you can occupy a coastal marine area if you need to for your business. You must talk to the regional council and make a plan to do this. The plan is called a draft coastal permit and it must say when it will expire, which is 30 September 2026 or an earlier date you choose. You must send the plan to the Minister of Transport.

The Minister of Transport will look at your plan and decide if you can occupy the coastal marine area. They will also talk to other people, like the Minister of Conservation and the regional council, before making a decision. The Minister's decision will be final, unless someone asks for it to be reviewed under the Judicial Review Procedure Act 2016. You can find out more about what a port company is and what a port related commercial undertaking is in section 2(1) of the Port Companies Act 1988.

If someone else wants to occupy the same coastal marine area, they will need to wait until the Minister of Transport has made a decision about your plan. However, if the other person owns land next to the coastal marine area, their application will not be delayed and will be publicly notified. The regional council must make sure that the Minister's decision is available to the public, as required under section 35.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239860.

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Part 15Transitional provisions
Transitional resource consents

384ARight of port companies to occupy coastal marine area

  1. Every port company which considers that—

  2. it had, on 30 September 1991, a right to occupy the coastal marine area adjacent to any port related commercial undertaking; and
    1. such occupation is required for any purpose associated with the operation and management of that undertaking—
        1. may, in consultation with the appropriate regional council, prepare a draft coastal permit to authorise that occupation.

      1. Every such draft coastal permit shall state that it is to expire on the 30 September 2026 or such earlier date as the port company specifies.

      2. Every such draft coastal permit shall identify the location to which it relates; and may identify the location by a plan attached to the draft permit.

      3. The draft permit and any plan shall be forwarded to the Minister of Transport, along with written notice of any disagreements between the port company and regional council, and submissions by the port company and regional council on the disagreements, before 30 November 1993.

      4. The Minister of Transport shall consider—

      5. the draft permit; and
        1. any disagreements; and
          1. the port company plan approved or determined under section 22 of the Port Companies Act 1988; and
            1. any other matter the Minister considers appropriate—
                1. to determine the extent to which a coastal permit authorising occupation is required to enable the port company to manage and operate the port related commercial undertakings acquired under the Port Companies Act 1988.

              1. Before making any determination under subsection (5), the Minister of Transport shall consult with the Minister of Conservation, the appropriate regional council, any territorial authority having jurisdiction in the area adjacent to the coastal marine area concerned, and the port company.

              2. The Minister of Transport shall approve the draft coastal permit and any plan, with or without modification, but the proposed expiry date shall not be altered.

              3. The Minister of Transport's decision, which shall be a coastal permit, shall be sent to the Minister of Conservation, the appropriate regional council, territorial authority, and port company before 31 March 1994; and that decision shall be final unless an application for review under the Judicial Review Procedure Act 2016, or proceedings seeking a writ of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction in relation to that decision, is made.

              4. The appropriate regional council shall ensure that a record of the coastal permit, as decided by the Minister of Transport, is available to the public as required under section 35.

              5. Where—

              6. a regional council receives an application from any person, except a port company; and
                1. that application is for a coastal permit to occupy part of the coastal marine area which may be all or part of any area which a port company may have a right to occupy; and
                  1. the written consent of the port company to the granting of the permit has not been obtained; and
                    1. the Minister of Transport has not sent the regional council a decision on a coastal permit under subsection (8) relating to all or part of the area to which the application relates—
                        1. the consent authority shall, notwithstanding any other provision, adjourn any consideration or hearing of the application until the Minister of Transport has sent his or her decision: provided that, where the application is made by a person who owns or has an interest in land immediately adjacent to the coastal marine area sought to be occupied, the application shall not be adjourned but shall in all cases be publicly notified.

                      1. For the purposes of this section—

                        port company and port related commercial undertaking have the same meanings as in section 2(1) of the Port Companies Act 1988

                        1. For the purposes of this Act, the consent authority for any coastal permit approved under this section is the regional council whose consent, but for this section, would normally be required.

                        Notes
                        • Section 384A: inserted, on , by section 177 of the Resource Management Amendment Act 1993 (1993 No 65).
                        • Section 384A(8): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).
                        • Section 384A(11) occupy: repealed, on , by section 22 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
                        • Section 384A(12): inserted, on , by section 20 of the Resource Management Amendment Act 1996 (1996 No 160).