Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - RMA permission right

66: Scope of Resource Management Act 1991 permission right

You could also call this:

"What rules apply when someone wants to do something in a special coastal area?"

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

You have a right under the Resource Management Act 1991 when someone wants to do an activity in a customary marine title area. This right applies to activities that need a resource consent, like a controlled activity. You can find more information about the Resource Management Act 1991 on the legislation website. A customary marine title group can give or decline permission for an activity on any grounds. They can do this for activities that need a resource consent. The group's permission cannot be taken back. The right does not apply to some activities, like accommodated activities. It also does not limit the power of a consent authority to decline an application or impose conditions. A consent authority includes the Minister of Conservation and the Minister for the Environment, who have powers under the Resource Management Act 1991. You should know that a consent authority has the power to make decisions about resource consents. This includes the Minister of Conservation and the Minister for the Environment, who can exercise powers under the Resource Management Act 1991. They can make decisions about activities in customary marine title areas.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3213382.

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65: Deemed accommodated activities, or

"Activities allowed in special coastal areas with permission"


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67: Procedural matters relevant to exercise of RMA permission right, or

"Asking for permission to do something in the ocean or coastline"

Part 3Customary interests
Customary marine title: RMA permission right

66Scope of Resource Management Act 1991 permission right

  1. An RMA permission right applies to activities that are to be carried out under a resource consent, including a resource consent for a controlled activity, to the extent that the resource consent is for an activity to be carried out within a customary marine title area.

  2. A customary marine title group may give or decline permission, on any grounds, for an activity to which an RMA permission right applies.

  3. Permission given by a customary marine title group cannot be revoked.

  4. An RMA permission right does not apply to the grant or exercise of a resource consent for an accommodated activity.

  5. An RMA permission right, or permission given under such a right, does not limit the discretion of a consent authority—

  6. to decline an application for a resource consent; or
    1. to impose conditions.
      1. In this section, consent authority includes the Minister of Conservation and the Minister for the Environment exercising the powers of a consent authority under the Resource Management Act 1991.

      Notes
      • Section 66 heading: 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 66(1): replaced, 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 66(2): 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 66(4): 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 66(5): 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 66(6): 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).