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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

165ZFF: Hearing of affected applications

You could also call this:

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

When you apply for a coastal permit, there are special rules about how your application is heard and decided. These rules apply to all related applications, called “affected applications.” Here’s what you need to know:

If there’s going to be a hearing for one application, there must be a hearing for all of them. All the affected applications will be heard together in one big hearing.

If you or someone who made a submission asks for independent commissioners to hear the applications, the regional council doesn’t have to follow the normal process. Instead, they can choose to give the job of hearing and deciding on all the applications to one or more independent commissioners.

The hearing must start within 25 working days after the last day for submissions on any of the affected applications. But if someone asks to change how the applications are processed, the 25-day countdown starts when the council decides to keep processing the applications together.

When it comes to making decisions, the applications will be decided in the order they were submitted. You’ll get a notice about the decision within 30 working days after the hearing ends. If there’s no hearing, you’ll get the notice within the same time that a hearing would have been held.

Remember, these rules can change if your application is to renew an existing coastal permit. In that case, there are special rules about who gets to decide first.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4119130.

Topics:
Environment and resources > Conservation
Government and voting > Local councils
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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”

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165ZFG: Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142, or

“The Minister must consider all related coastal permit applications together when deciding to review them at a higher level.”

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

165ZFFHearing of affected applications

  1. The provisions of this Act that relate to the hearing and making of decisions on a coastal permit apply to the affected applications with the following modifications:

  2. if a hearing is to be held in respect of any affected application,—
    1. a hearing must be held in respect of all affected applications; and
      1. all affected applications must be heard together; and
      2. if an applicant or person who made a submission on an affected application makes a request under section 100A(2), the regional council is not required to comply with section 100A(4) but must instead consider whether to delegate under section 34A(1) its functions, powers, and duties required to hear and decide all the affected applications, to 1 or more hearings commissioners who are not members of the local authority; and
        1. for the purposes of section 101(2), the date for the commencement of the hearing must be—
          1. within 25 working days after the latest closing date for submissions on an affected application to which the PHT requirement relates, if no request is received under section 165ZFE(2); or
            1. within 25 working days after the date on which the council becomes subject to a requirement to continue to process and hear together affected applications under section 165ZFE(5) or (9); and
            2. despite section 115,—
              1. decisions on the affected applications are, subject to section 88(4), to be made in the order in which the applications were lodged; and
                1. notice of the decision on each affected application must be given within 30 working days after the end of the hearing or, if no hearing is held, within the period within which a hearing would have been required to be held under paragraph (c)(i) or (ii); and
                2. paragraph (d)(i) is subject to sections 124B and 124C.

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