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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

165ZFE: Processing of affected applications

You could also call this:

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

When you apply for a coastal permit, the regional council will process your application following sections 88 to 98. After the submission period closes, the council will tell you about other applicants and let you know that you can ask for the Environment Court to decide on the applications instead of the council. You have 10 working days to make this request.

If you want the Environment Court to decide, you need to ask for this in writing or electronically using a special form. If all applicants ask for this within the time limit, the council will decide whether to agree to your requests.

Sometimes, the council must agree to your request if your project meets a certain value set by rules. But there might be special cases where they don’t have to agree.

If the council says no to the requests, or if not everyone asks for the Environment Court in time, the council will continue to process all the related applications together.

If the council agrees to let the Environment Court decide, they will write a report about each application within 20 working days. After you get this report, you have 5 working days to tell the council if you still want the Environment Court to decide.

If everyone still wants the Environment Court to decide, the council will tell you to send a notice to the court within 15 working days. If you don’t do this in time, your application might be cancelled.

If not everyone wants the Environment Court to decide, the council will process all the applications together.

The council can hold a hearing for the applications they are processing together. They will follow specific rules when doing this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4119128.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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165ZFD: Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I, or

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

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165ZFF: Hearing of affected applications, or

“This law explains how applications for coastal permits are heard together when they affect each other.”

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

165ZFEProcessing of affected applications

  1. Sections 88 to 98 apply in respect of each affected application that is subject to a PHT requirement.

  2. The regional council must, as soon as practicable after the latest date on which the period for submissions closes on an affected application to which the PHT requirement relates, advise each of the applicants—

  3. of the names and contact details of the other affected applicants; and
    1. that if the applicant wants the affected applications to be determined by the Environment Court, the applicant has 10 working days from the date of the notice to make such a request.

      1. The applicant must make the request under subsection (2) electronically or in writing on the form prescribed for a request under section 87D.

      2. If the regional council receives requests under subsection (2) from all the applicants in respect of affected applications within the required period, the regional council must decide whether to grant or decline the applicants’ requests that all the affected applications be determined by the Environment Court.

      3. Despite the discretion to grant a request under subsection (4), if regulations have been made under section 360(1)(hm),—

      4. the regional council must grant the request if the value of the investment in the proposal is likely to meet or exceed a threshold amount prescribed by those regulations; but
        1. that obligation to grant the request does not apply if the consent authority determines, having regard to any matters prescribed by those regulations, that exceptional circumstances exist.

          1. If subsection (4) applies and the regional council declines the requests, or if the regional council does not receive requests under subsection (2) from all applicants in respect of affected applications within the required period, the regional council must continue to process and hear together the affected applications in accordance with this section and section 165ZFF.

          2. If subsection (4) applies and the regional council grants the requests, the regional council must prepare a report on each of the affected applications within the period that ends 20 working days after the date on which the regional council decided to grant the requests.

          3. Section 87F(4) to (6) apply to a report prepared under subsection (6) on an affected application.

          4. Each applicant in respect of an affected application must advise the regional council within 5 working days after receipt of a report prepared under subsection (6), whether the applicant continues to want the affected application to be determined by the Environment Court instead of by the regional council.

          5. If the regional council—

          6. receives advice from all the applicants in respect of affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must give notice to each applicant that—
            1. the applicant’s affected application is to be determined by the Environment Court; and
              1. the applicant must lodge a notice of motion with the Environment Court that complies with section 87G(2)(a) within 15 working days after the date of the regional council’s notice or the applicant’s affected application may be cancelled in accordance with subsection (11); or
              2. does not receive advice from all the applicants in respect of affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must—
                1. give notice to each applicant that the applicant’s affected application is to be determined by the regional council; and
                  1. continue to process and hear together the affected applications in accordance with this section and section 165ZFF.

                  2. Section 87G(2)(b) and (c), (3), and (4) apply in relation to the notice of motion referred to in subsection (9)(a)(ii) with any necessary modifications.

                  3. If an applicant does not lodge a notice of motion with the Environment Court within 15 working days after the date of the notice under subsection (9)(a), the regional council must—

                  4. give notice to the relevant applicant that unless the applicant lodges the notice of motion within 5 working days of the date of the notice, the applicant’s affected application will be cancelled; and
                    1. if, within the period notified, or such greater period as the regional council may think reasonable in the circumstances, the applicant does not lodge the notice of motion the regional council must cancel the applicant’s affected application.

                      1. Sections 87G(5) to (7) and 87H apply in respect of the affected applications.

                      2. Sections 99 and 100 apply in respect of any affected application that the regional council is required to process and hear together with other affected applications.

                      Notes
                      • Section 165ZFE: inserted, on , by section 49 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                      • Section 165ZFE(4A): inserted, on , by section 34(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 165ZFE(7): amended, on , by section 34(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 165ZFE(9)(a)(ii): amended, on , by section 106(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                      • Section 165ZFE(11): amended, on , by section 106(2) of the Resource Management Amendment Act 2013 (2013 No 63).