Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
165V: Requirements for offers for authorisations
or “Rules for asking permission to do things in certain places, including what you need to say and pay”
You could also call this:

“Iwi get special rights to buy some permits first when the council or government is selling them.”

When a regional council offers authorisations, they must respect the preferential rights of certain iwi to buy a portion of these authorisations. This rule applies to rights given by specific laws for Ngāi Tahu, Ngati Ruanui, Ngati Tama, Ngaa Rauru Kiitahi, Ngāti Awa, and Ngāti Mutunga.

For these iwi rights, any mentions of the Minister of Conservation or Part 7 of this Act in those laws should be understood as referring to the regional council and the relevant parts of this section instead.

The Minister of Aquaculture also has to follow these preferential rights when offering authorisations. In this case, any references to the Minister of Conservation or Part 7 in those iwi settlement laws should be understood as referring to the Minister of Aquaculture and the relevant parts of this section.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 165X: Acceptance of offer for authorisations

or “The regional council decides which offers to accept or reject for special permissions to use certain areas.”
Next

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area: Authorisations

165WPreferential rights of iwi

  1. In conducting a tender of authorisations under this Part, a regional council must give effect to any preferential right to purchase a proportion of the authorisations.

  2. Subsections (1) and (4) applies to preferential rights conferred by—

  3. section 316 of the Ngāi Tahu Claims Settlement Act 1998:
    1. section 119 of the Ngati Ruanui Claims Settlement Act 2003:
      1. section 79 of the Ngati Tama Claims Settlement Act 2003:
        1. section 106 of the Ngaa Rauru Kiitahi Claims Settlement Act 2005:
          1. section 118 of the Ngāti Awa Claims Settlement Act 2005:
            1. section 92 of the Ngāti Mutunga Claims Settlement Act 2006.

              1. For the purposes of subsection (1), provisions in the Acts referred to in subsection (2) relating to a preferential right that contain references to the Minister of Conservation or Part 7 of this Act apply as if the references were to the regional council and relevant provisions of this Part.

              2. In conducting a tender of authorisations under this Part, the Minister of Aquaculture must give effect to any preferential right to purchase a proportion of authorisations.

              3. For the purposes of subsection (4), provisions in the Acts referred to in subsection (2) relating to a preferential right that refer to the Minister of Conservation or Part 7 of this Act apply as if the references were to the Minister of Aquaculture and relevant provisions of this Part.

              Compare
                Notes
                • Section 165W: replaced, on , by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                • Section 165W(2): amended, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                • Section 165W(4): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                • Section 165W(5): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).