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:

"The council can check and update the rules of your coastal permit"

Illustration for Resource Management Act 1991

You can have a coastal permit to use a common marine and coastal area. A consent authority can review the conditions of your permit if it is extended under subpart 1A. This review is in addition to other rules that already exist, such as section 127, which lets you apply to change or cancel conditions of your permit.

You also have rules like section 128, which lets the consent authority review conditions, and section 129, which sets out requirements for notices of reviews. The consent authority's power to review is not affected by these rules.

If a review is undertaken, it must start within six years and can only happen once for each permit. The review cannot change how long the permit lasts or what species or area it covers, as stated in section 165ZFHC(1).

When a consent authority does a review, they usually have to pay their own costs, except in some cases where they need to ask for information, as stated in section 165ZFHK(3) and section 36.

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


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

"Rules for changing conditions of special coastal permits until 2030"


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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).