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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.”

You could also call this:

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

When applications for coastal permits need to be processed and heard together, it affects how the Minister can call in applications. Here’s what you need to know:

The Minister can’t decide to call in an application until all related applications have been identified. If the Minister decides to call in one application, they must call in all the related applications too, even if they don’t think the other applications are nationally important.

When deciding whether to call in applications, the Minister can think about how it might affect the other related applications, including any extra costs for the applicants. The Minister must also consider if the local authority can handle processing the applications. They need to listen to what the applicants, the regional council, and sometimes the Minister of Aquaculture think about it.

If the applications end up being heard by the Environment Court or a board of inquiry, some special rules apply. These rules are similar to the ones used for other types of resource management hearings, but with some changes to fit this situation.

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Next up: 165ZFH: Effect of requirement that applications be processed and heard together on lodgement of applications with EPA

or “Applications for certain coastal permits can't be sent to the Environmental Protection Agency once a special rule is in place.”

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

165ZFGEffect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142

  1. Despite sections 142 and 144,—

  2. the Minister must not make a decision as to whether to call in an affected application until all affected applications to which the relevant PHT requirement relates have been identified; and
    1. if the Minister decides to call in an affected application by making a direction under section 142(2), the Minister must, whether or not the Minister considers any other affected application is a proposal or part of a proposal of national significance, call in all the other affected applications under the same direction; and
      1. in deciding whether to make the direction referred to in paragraph (b), the Minister—
        1. may, in addition to the matters specified in section 142(3), consider the impact that the call-in direction would have on the other affected applications, including the impact on the costs the applicants might face; and
          1. must have regard to the capacity of the local authority to process the affected applications and the views of—
            1. the applicants for all the affected applications; and
              1. the regional council; and
                1. if the PHT requirement was made by Gazette notice under section 165ZFA, the Minister of Aquaculture.
              2. Section 165ZFF(a), (d), and (e) apply if the affected applications are heard by the Environment Court or a board of inquiry and, for that purpose, the provisions of Part 6AA apply in respect of the hearing and determination of the affected applications with any necessary modifications.

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