Resource Management Act 1991

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

165X: Acceptance of offer for authorisations

You could also call this:

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

When a regional council looks at offers for authorisations, they consider them according to the criteria in section 165U. The council can then accept any offer, reject all offers, reject all offers and ask for new ones, or talk to someone who made an offer to try to reach an agreement. They can do this with any offer, not just the best one.

If the offer is a tender, the council can accept any tender or talk to any tenderer, even if their tender was not the highest. The council must tell everyone who made an offer what they decided and why, as soon as they can.

If the council accepts an offer or reaches an agreement, they must include the name of the person who made the offer and what the offer is for in the notice. In some cases, the Minister of Aquaculture makes the decisions instead of the regional council, like when a public notice has been issued under section 165I(4).

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4118218.


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165W: Preferential rights of iwi, or

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


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165Y: Grant of authorisation, or

"Getting permission to do something from the regional council"

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

165XAcceptance of offer for authorisations

  1. After considering the offers for authorisations in accordance with the criteria specified under section 165U, the regional council may—

  2. accept any offer; or
    1. reject all offers; or
      1. reject all offers and call for new offers; or
        1. negotiate with any person who made an offer with a view to reaching an agreement.
          1. If the offer of authorisations is a tender, the regional council may accept any tender or negotiate with any tenderer, whether or not the tender was the highest received.

          2. As soon as practicable after deciding to accept an offer for an authorisation or to reject all offers or after reaching an agreement, the regional council must give written notice of the decision and the reasons for it to every person who made an offer.

          3. If an offer is accepted or an agreement is reached, the notice under subsection (3) must include details of the name of the person who made the offer and the nature of the activity that the offer or agreement relates to.

          4. For the purposes of offers of authorisations where a public notice has been issued under section 165I(4), this section applies as if the references to a regional council were references to the Minister of Aquaculture.

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