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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 get special permission to use coastal areas for their work until 2026.”

If you’re a port company that thinks you had the right to use the coastal marine area next to your port on 30 September 1991, and you still need to use it for running your port, you can work with your regional council to create a draft coastal permit. This permit will let you keep using that area.

The permit you create will end on 30 September 2026 or earlier if you choose. You need to show where the area is, maybe with a map.

You need to send your draft permit to the Minister of Transport by 30 November 1993. If you and the regional council don’t agree on something, you should tell the Minister about it.

The Minister of Transport will look at your draft permit, any disagreements, your port company plan, and other important things. They will decide how much of the coastal area you need to run your port.

Before making a decision, the Minister will talk to the Minister of Conservation, your regional council, the local council, and your port company.

The Minister of Transport will approve your permit, maybe with some changes, but won’t change the end date. They will send their decision to everyone involved by 31 March 1994. This decision is final unless someone asks for a legal review.

Your regional council will keep a record of your permit that anyone can see.

If someone else wants to use part of the coastal area that you might have a right to use, the regional council will wait to look at their application until after the Minister of Transport has made a decision about your permit. But if the person owns land right next to the coastal area, their application will be made public.

For this law, ‘port company’ and ‘port related commercial undertaking’ mean the same as in the Port Companies Act 1988.

The regional council will be in charge of any coastal permit approved under this law.

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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 15 Transitional 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).