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Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area - Authorisations

165W: Preferential rights of iwi

You could also call this:

“Iwi have special rights to buy certain authorisations before others, which councils must consider.”

When a regional council is selling authorisations, they must consider the special rights of iwi. These special rights are given to iwi by laws such as the Ngāi Tahu Claims Settlement Act 1998, the Ngati Ruanui Claims Settlement Act 2003, and others. The council must make sure iwi get the chance to buy the authorisations they have a right to.

When the laws mention the Minister of Conservation, you can replace that with the regional council. The Minister of Aquaculture also has to consider the special rights of iwi when selling authorisations. If the laws mention the Minister of Conservation, you can replace that with the Minister of Aquaculture in this case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4118215.

Topics:
Environment and resources > Conservation Māori affairs > Treaty of Waitangi
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"What you need to include when asking to use a coastal area"

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165X: Acceptance of offer for authorisations, or

"When a council chooses who can do something, like use a resource, they decide which offer to accept."

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).