Resource Management Act 1991

Occupation of common marine and coastal area - Review of conditions applying to extended coastal permits

165ZFHI: Power to undertake review

You could also call this:

"Checking if a coastal permit is still suitable"

Illustration for Resource Management Act 1991

You can review the conditions of a coastal permit that is extended under subpart 1A. This is in addition to other rules that already exist, such as section 127 and section 128. You must follow these rules when reviewing a coastal permit. You can only review a coastal permit once, and you must start the review within six years. You cannot change how long the permit lasts or what it allows you to do. The consent authority must pay for the review, except in some cases. A review of a coastal permit is a check to see if the conditions are still suitable. You can find more information about this in section 128 and section 129. The Environment Court also has the power to change or cancel a coastal permit under Part 12.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS986867.

This page was last updated on View changes


Previous

165ZFHHA: Restrictions on section 128 review of conditions of extended coastal permits, or

"Rules for Changing Conditions of Coastal Permits"


Next

165ZFHJ: Purpose of review, or

"The review aims to improve how we look after the sea and coast while letting fish farms keep working."

Part 7AOccupation of common marine and coastal area
Review of conditions applying to extended coastal permits

165ZFHIPower to undertake review

  1. A consent authority may review the conditions of any coastal permit that is extended under subpart 1A.

  2. This subpart is in addition to, and does not affect the application of,—

  3. section 127, which provides for the holder of a coastal permit to apply to change or cancel any condition of a coastal permit; and
    1. section 128, which—
      1. provides for the consent authority to review the conditions of a coastal permit; but
        1. until 3 September 2030, is subject to the restrictions in section 165ZFHHA; and
        2. section 129, which sets out requirements for notices of reviews under section 128; and
          1. section 133, which preserves the power of the Environment Court under Part 12 to change or cancel a coastal permit by an enforcement order.
            1. A review undertaken under this subpart—

            2. must commence not later than 6 years after this subpart comes into force; and
              1. must not be undertaken more than once in relation to any coastal permit; and
                1. must not amend the duration of a coastal permit extended under section 165ZFHC(1), or change the species or consented area to which the coastal permit relates.
                  1. Despite section 36, a consent authority must bear its own costs of a review undertaken under this subpart, other than any costs arising from a request by the Director-General under section 165ZFHK(3) for information not held by the consent authority in its normal course of business.

                  Notes
                  • Section 165ZFHI: inserted, on , by section 4 of the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Act 2024 (2024 No 32).
                  • Section 165ZFHI(2)(a): replaced, on , by section 52(1) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                  • Section 165ZFHI(2)(aa): inserted, on , by section 52(1) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                  • Section 165ZFHI(2)(ab): inserted, on , by section 52(1) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
                  • Section 165ZFHI(3)(a): amended, on , by section 52(2) of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).