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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Protected customary rights

55: Effect of protected customary rights on resource consent applications

You could also call this:

"How protected customary rights affect plans to use coastal areas"

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

If you want to do an activity in a protected customary rights area, you need to apply for a resource consent. The person deciding on your application must consider how your activity will affect the protected customary rights in that area. They must not grant you a resource consent if your activity will have more than minor adverse effects on those rights. If a protected customary rights group gives you written approval, you can do your activity. Some activities are allowed even if they affect protected customary rights, like existing aquaculture activities or emergency activities. The person deciding on your application must follow specific rules when considering these activities. When considering some activities, the decision-maker must think carefully about the protected customary rights. They must also follow the rules set out in Part 1 of Schedule 1 of the Act. You can find more information about the Resource Management Act 1991 on the New Zealand legislation website. The Resource Management Act 1991 and section 96(1)(a) also have relevant information. You can also look at section 113 and section 63 for more details.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213366.

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Part 3Customary interests
Protected customary rights

55Effect of protected customary rights on resource consent applications

  1. This section applies if an application for a resource consent for an activity to be undertaken wholly or in part within a protected customary rights area is lodged on or after the date that—

  2. a protected customary rights agreement comes into effect under section 96(1)(a); or
    1. a protected customary rights order is sealed in accordance with section 113.

      1. A consent authority must not grant a resource consent for an activity (including a controlled activity) to be carried out in a protected customary rights area if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, unless—

      2. the relevant protected customary rights group gives its written approval for the proposed activity; or
        1. the activity is one to which subsection (3) applies.

          1. The existence of a protected customary right does not limit or otherwise affect the grant of—

          2. a coastal permit under the Resource Management Act 1991 to permit existing aquaculture activities to continue to be carried out in a specified part of the common marine and coastal area,—
            1. regardless of when the application is lodged or whether there is any change in the species farmed or in the method of marine farming; and
              1. provided that there is no increase in the area, or change to the location, of the coastal space occupied by the aquaculture activity for which the existing coastal permit was granted; or
              2. a resource consent under section 330A of the Resource Management Act 1991 for an emergency activity (within the meaning of section 63) undertaken in accordance with section 330 of that Act, as if the emergency activity were an emergency work to which section 330 applies; or
                1. a resource consent for an existing accommodated infrastructure (within the meaning of section 63) if any adverse effects of the proposed activity on the exercise of a protected customary right will be or are likely to be—
                  1. the same or similar in character, intensity, and scale as those that existed before the application for the resource consent was lodged; or
                    1. if more than minor or temporary in nature; or
                    2. a resource consent for a deemed accommodated activity (within the meaning of section 65(1)(b)(i)).

                      1. Repealed

                      2. In the case where a deemed accommodated activity within the meaning of section 65(1)(b)(i) applies, the consent authority must, when considering applications for a resource consent relating to that activity, have particular regard to the nature of the protected customary right.

                      3. The provisions of Part 1 of Schedule 1 apply for the purposes of subsections (2) and (3).

                      Notes
                      • Section 55(3)(a): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                      • Section 55(3)(b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                      • Section 55(3A): repealed, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).