67Procedural matters relevant to exercise of RMA permission right

1. A person seeking to carry out an activity (the applicant) to which an RMA permission right applies—

2. must make a request for permission by notice in writing to the relevant customary marine title group; and
3. may do so at any time before the relevant resource consent may commence.

4. The customary marine title group must—

5. notify in writing its decision on a request for permission to—
   1. the applicant who gave notice under subsection (1); and
   2. the relevant consent authority; and
6. if permission is given, specify—
   1. the activity for which permission is given; and
   2. the applicant who is to have the benefit of the permission; and
   3. the duration of the permission.

7. Unless the customary marine title group has already notified its decision to the applicant under subsection (2), it must do so not later than 40 working days after it receives a notice from the applicant that the applicant has been granted the relevant resource consent (whether or not the applicant had previously notified the customary marine title group of the application).

8. The customary marine title group is to be treated as having given permission for the resource consent, for its duration, if notice of its decision is not received by the applicant in accordance with subsection (3).

9. In subsection (3), the grant of a resource consent means that the consent has been granted and any appeal rights exhausted, and that the resource consent would, but for the requirement for the permission of the customary marine title group, commence under section 116 of the Resource Management Act 1991.

10. When the relevant consent authority receives an application for a resource consent to which an RMA permission right applies, it must refer the application to the relevant customary marine title group as soon as practicable unless the group has already notified its decision in accordance with subsection (2).