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Resource Management Act 1991

Resource consents - Application for resource consent

89A: Applications affecting navigation to be referred to Maritime New Zealand

You could also call this:

“If you want to change something on or near water, you need to tell the boat experts”

This section talks about certain applications that need to be sent to Maritime New Zealand. These applications are for things you want to do in or near water.

If you want to do any of these things, the local authority must send your application to Maritime New Zealand:

  1. In the coastal marine area:
    • Reclaim land
    • Build a structure
    • Do work to improve, manage, protect, or use a harbour
    • Remove materials like boulders, mud, sand, or stone
  2. In a navigable lake or river:
    • Enter onto or cross over the water surface
    • Use the lake or river bed

Maritime New Zealand will look at your application and report back to the local authority. They will focus on how your plans might affect navigation. They might suggest conditions to make sure navigation stays safe.

Maritime New Zealand has 15 working days to send their report. If they don’t report by then, the local authority can assume they have nothing to say.

When the local authority gets the report from Maritime New Zealand, they must:

  1. Give a copy to you (the applicant) and anyone who has made a submission about your application
  2. Consider the report when they’re making their decision about your application

Remember, this process is to make sure that whatever you want to do doesn’t cause problems for boats and ships trying to navigate in the area.

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 It might be out of date or be missing some parts.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=DLM2416165.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Transport and travel > Boating
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89: Applications to territorial authorities for resource consents where land is in coastal marine area, or

“ When asking for permission to do something on land that's partly underwater, you talk to the local council as if it was all on dry land. ”

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90: Distribution of application to other authorities, or

“How the request for permission to use resources is shared with other important groups”

Part 6 Resource consents
Application for resource consent

89AApplications affecting navigation to be referred to Maritime New Zealand

  1. This section applies to the following applications:

  2. an application for a coastal permit to do any of the following in the coastal marine area:
    1. reclaim land:
      1. build a structure:
        1. do or maintain works for the improvement, management, protection, or utilisation of a harbour:
        2. an application for a coastal permit to remove boulders, mud, sand, shell, shingle, silt, stone, or other similar material from the coastal marine area:
          1. an application for a land use consent to enter onto or pass across the surface of water in a navigable lake or river:
            1. an application for a land use consent to use the bed of a navigable lake or river.

              1. The local authority must send a copy of the application to Maritime New Zealand.

              2. Maritime New Zealand must report to the local authority on any navigation-related matters that Maritime New Zealand considers relevant to the application, including any conditions that it considers should be included in the consent for navigation-related purposes.

              3. If Maritime New Zealand wants to report, it must do so within 15 working days after receiving a copy of the application. If it fails to report within that time limit, the local authority may take the failure as an indication that Maritime New Zealand has nothing to report.

              4. The local authority must—

              5. ensure that a copy of Maritime New Zealand's report is provided to—
                1. the applicant; and
                  1. every person who has made a submission on the application:
                  2. take the report into account in its consideration of the application.

                    Notes
                    • Section 89A: inserted, on , by section 72 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).