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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 law allows authorities to check and change the rules for some sea farming permits.”

You need to know that a consent authority can review the conditions of any coastal permit that has been extended under subpart 1A. This is in addition to other rules that already exist.

The consent authority can review the conditions, and you can also apply to change or cancel any condition of your coastal permit. The Environment Court can still change or cancel a coastal permit through an enforcement order.

If a review happens under this subpart, it must start within 2 years after this subpart comes into effect. It can only happen once for each coastal permit. The review can’t change how long your permit lasts, what species you’re farming, or the area you’re using.

The consent authority has to pay for the review themselves, except for any costs that come from the Director-General asking for information that the consent authority doesn’t usually have.

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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.

Topics:
Environment and resources > Farming and fishing
Environment and resources > Conservation
Government and voting > Local councils
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165ZFHH: Application of extension where coastal permit under appeal, or

“This rule explains how a special time extension works for coastal permits that are being argued about in court.”

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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 7A Occupation 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. sections 127 to 129, which provide for—
    1. a consent authority to review the conditions of a coastal permit; and
      1. the holder of a coastal permit to apply to change or cancel any condition of a coastal permit; or
      2. 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 2 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).