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Marine and Coastal Area (Takutai Moana) Act 2011

Common marine and coastal area - Reclaimed land

41: Pending applications under Resource Management Act 1991 that relate to reclaimed land

You could also call this:

"Old coastal land applications are decided under old rules"

Illustration for Marine and Coastal Area (Takutai Moana) Act 2011

You have an application under the Resource Management Act 1991 that relates to reclaimed land. This application was made before the Marine and Coastal Area Act 2011 started. The Minister of Conservation will decide on your application. If you already have an application, you cannot make another one under section 35 if your first application was withdrawn or discontinued. This is only if your first application was competing with another application. Your application will be considered under the old rules, as if the Marine and Coastal Area Act 2011 did not exist. You can ask for your application to be considered under the new rules, but only if it is not competing with another application. You must make this request in writing to the Minister of Conservation within 180 days of the Marine and Coastal Area Act 2011 starting. The Minister will then send your application to the other Minister to consider under section 35.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213340.

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"Apply to keep using reclaimed land that you don't own outright"

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Part 2Common marine and coastal area
Reclaimed land

41Pending applications under Resource Management Act 1991 that relate to reclaimed land

  1. This section applies to any application—

  2. that was made under section 355(1) of the Resource Management Act 1991, as in force immediately before the commencement of this Act; and
    1. that is to be, but has not yet been, substantively determined by the Minister of Conservation.

      1. No applicant may apply under section 35 if—

      2. the applicant has previously made an application (application A) to which this section applies; and
        1. application A was withdrawn or discontinued; and
          1. at the time of that withdrawal or discontinuance, application A was in competition with another application to which this section applies.

            1. An application to which this section applies must (subject to subsections (4) to (7)) be considered and determined by the Minister of Conservation as if this subpart (other than this section) had not been enacted and as if the Resource Management Act 1991 had not been amended by this Act.

            2. However, an applicant who has made an application to which this section applies may make a request, in accordance with subsection (6), to have the application considered and determined under section 35 by the Minister (within the meaning of section 29), but only if the conditions stated in subsection (5) are met.

            3. The conditions referred to in subsection (4) are that—

            4. as at the commencement of this Act, the application is not in competition with any other application to which this section applies; and
              1. the applicant would (but for having made the application to which this section applies) be eligible to apply under section 35.

                1. A request under subsection (4) must be made in writing to the Minister of Conservation not later than 180 days after the commencement of this Act.

                2. On receipt of a request under subsection (4), the Minister of Conservation must refer all the documents relating to the application to the Minister (within the meaning of section 29) and the reference of those documents must be treated as an application under section 35.