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Resource Management Act 1991

Occupation of common marine and coastal area

165A: Overview

You could also call this:

“This section gives a simple explanation of the rules for using shared sea and coast areas.”

This section gives you an overview of the rules for managing the use of common marine and coastal areas. It doesn’t change how these rules work or how they’re applied.

The rules cover several important points. You can’t apply for a coastal permit to use these areas if your application was refused in the last year. There are guidelines for what regional coastal plans should include. Regional councils need to think carefully about certain things before they make rules about allocating space in these areas.

The government can tell regional councils not to give out permits or to do it in a specific way. The Minister of Conservation can approve ways to give out permits. There are general rules about these permits.

The Minister of Aquaculture can pause new applications for coastal permits for fish farming, or tell regional councils to process and hear applications together.

Some old rules have been removed.

There are special rules for applications made after 23 August 2004 for coastal permits to use space for fish farming. These rules give priority to people who already have permits.

Lastly, there are rules about asking for changes to regional coastal plans and applying for coastal permits at the same time. This applies to rules that, as of 1 October 2011, say fish farming isn’t allowed in an area.

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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 > Conservation

Environment and resources > Farming and fishing

Government and voting > Local councils

165: Tender money, or

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

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 7A Occupation of common marine and coastal area

165AOverview

This section provides a general indication of the contents of this subpart and does not affect the interpretation or application of this subpart.
Subpart 1 contains provisions about managing occupation of the common marine and coastal area, in particular,—
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:
provisions about the contents of a regional coastal plan:
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:
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:
a power of the Minister of Conservation to approve a method of allocating authorisations:
general provisions about authorisations:
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.

Subpart 2 has been repealed.
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.
Subpart 4 provides for plan change requests and concurrent coastal permit applications in relation to a rule in a regional coastal plan that,—
as at 1 October 2011, specifies an aquaculture activity as a prohibited activity; and
is operative when a concurrent application is lodged.

Notes

Section 165A: replaced, on 1 October 2011, by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).