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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:

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

After looking at the offers for authorisations based on the rules set out in section 165U, the regional council can do a few things. They can accept an offer, say no to all offers, say no to all offers and ask for new ones, or talk to someone who made an offer to try and make a deal.

If the offers were made through a tender, the regional council can accept any tender they want. They don’t have to pick the highest one. They can also talk to any of the people who made a tender to try and make a deal.

As soon as they can after making a decision, the regional council needs to tell everyone who made an offer what they decided and why. They need to do this in writing.

If they accept an offer or make a deal, they need to tell everyone the name of the person whose offer they accepted and what kind of activity the offer or deal is about.

For some special kinds of authorisation offers, where a public notice has been put out under section 165I(4), the Minister of Aquaculture will do these things instead of the regional council.

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

Topics:
Environment and resources > Land use
Environment and resources > Conservation
Government and voting > Local councils
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165W: Preferential rights of iwi, or

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

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165Y: Grant of authorisation, or

“The council must give permission if they agree with someone's offer.”

Part 7A Occupation 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).