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Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area - Processing and hearing together of applications for coastal permits

165ZFD: Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I

You could also call this:

“This law explains how asking for a special court to handle your coastal permit application works when multiple applications must be processed together.”

When a requirement to process and hear applications together (PHT requirement) comes into effect, you can’t ask for your application to be decided by the Environment Court under section 87D.

If the regional council is looking at your request to have the Environment Court decide your application when the PHT requirement starts, they must stop considering it. They will give your request back to you with a note saying your application is part of a PHT requirement and section 165ZFE applies.

If the regional council has already agreed to let the Environment Court decide your application, but you haven’t sent a notice to the court yet, two things will happen:

  1. The regional council will keep processing your application under sections 165ZFE and 165ZFF. They don’t have to follow section 87F(3) to (5) anymore.

  2. You can’t send a notice to the Environment Court about your application.

These rules make sure that all related applications are dealt with together, even if some were originally going to be decided by the Environment Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4119126.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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165ZFC: Interpretation, or

“This explains the meaning of special words used in rules about processing coastal permits together”

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165ZFE: Processing of affected applications, or

“How the council handles permit applications that affect each other when deciding on coastal activities”

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area: Processing and hearing together of applications for coastal permits

165ZFDEffect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I

  1. On and from the date on which a PHT requirement comes into force, no person may request that an affected application be determined by the Environment Court under section 87D.

  2. Despite sections 87E to 87G, if at the date the PHT requirement comes into force,—

  3. the regional council is considering a request by an applicant under section 87D in respect of an affected application, the council must not make a decision on the request, but must return the request to the applicant with a notice stating that the application is one to which a PHT requirement relates and section 165ZFE applies:
    1. the regional council has granted a request by an applicant under section 87D in respect of an affected application, but the applicant had not yet lodged a notice of motion under section 87G(2)(a) in respect of the application,—
      1. the regional council must continue to process the application in accordance with sections 165ZFE and 165ZFF and is not required to comply with section 87F(3) to (5); and
        1. the applicant may not lodge a notice of motion under section 87G(2)(a).

        Notes
        • Section 165ZFD: inserted, on , by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).