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Resource Management Act 1991

Occupation of common marine and coastal area

165A: Overview

You could also call this:

"Introduction to rules for using New Zealand's coastal areas"

This part of the law is about occupying common marine and coastal areas in New Zealand. You need to know what rules are in place to manage this occupation. The law is divided into subparts, which are like sections that deal with specific topics. You can find more information about managing occupation of the common marine and coastal area in Subpart 1. This subpart has rules about things like refusing coastal permit applications and what should be included in regional coastal plans.

Subpart 2 is no longer part of the law. Subpart 3 is about applications for coastal permits to occupy space for aquaculture activities, like fish farming. If someone already has a permit for a space, their application will be processed before others. You can also find rules about plan change requests and coastal permit applications in Subpart 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4117430.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishingBusiness > Industry rules
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165: Tender money, or

"This explains how the government handles money paid by people who want to use coastal areas."

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165AB: Establishment of aquaculture management areas, or

"This law used to set rules for where fish farms could be in the sea, but it's not used anymore."

Part 7AOccupation of common marine and coastal area

165AOverview

  1. This section provides a general indication of the contents of this subpart and does not affect the interpretation or application of this subpart.

  2. Subpart 1 contains provisions about managing occupation of the common marine and coastal area, in particular,—

  3. a power to refuse to receive an application for a coastal permit to occupy the common marine and coastal area if made within 1 year after refusing a similar application:
    1. provisions about the contents of a regional coastal plan:
      1. requirements for a regional council (before including a rule in a regional coastal plan or proposed regional coastal plan about the allocation of space in the common marine and coastal area) to have regard to, and be satisfied about, certain matters:
        1. a power by Order in Council to direct a regional council not to proceed with the allocation of authorisations or to proceed as specified in the order:
          1. a power of the Minister of Conservation to approve a method of allocating authorisations:
            1. general provisions about authorisations:
              1. a power of the Minister of Aquaculture, on request from a regional council, to suspend receipt of applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities or to direct a regional council to process and hear applications together.

                1. Subpart 2 has been repealed.

                2. Subpart 3 relates to applications (made on or after 23 August 2004) for coastal permits to occupy space for aquaculture activities where the relevant space is already subject to a coastal permit or deemed coastal permit and the relevant plan does not provide for a method of allocating authorisations for occupation of the space for aquaculture activities. The provisions of this subpart provide priority for the processing of applications from existing permit holders ahead of other applications.

                3. Subpart 4 provides for plan change requests and concurrent coastal permit applications in relation to a rule in a regional coastal plan that,—

                4. as at 1 October 2011, specifies an aquaculture activity as a prohibited activity; and
                  1. is operative when a concurrent application is lodged.

                    Notes
                    • Section 165A: replaced, on , by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).