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Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Participation in conservation processes in common marine and coastal area

48: Notification of conservation process

You could also call this:

"Telling people about a plan to protect the coast and sea"

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

When someone wants to start a conservation process, they must tell people about it. You will be told about this process as soon as possible after the application is received. The notice will include information about the proposal and how you can give your views on it. If you think you will be affected by the conservation process, you can tell the Director-General. They will give you information about what the process involves and how you can make a submission. You will also be told where you can find more information about the proposal. If there is a dispute about who will be affected, the Director-General will try to resolve it. They will look at evidence and make a decision, which they will tell you about. The Director-General's decision is final. You can find more information about this process in section 47(3)(a) to (d) and section 47(3)(e). The Director-General or the applicant will give you notice of the conservation process. They will tell you how to give your views on the proposal and where to find more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597248.

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Topics:
Environment and resources > Conservation
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47: Participation in conservation processes, or

"Having a say in looking after our coastline and sea"

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Part 3Customary interests
Participation in conservation processes in common marine and coastal area

48Notification of conservation process

  1. If an application or a proposal is made for a conservation process, notice must be given as provided for in subsection (2), by—

  2. the Director-General, in the case of those referred to in section 47(3)(a) to (d); and
    1. the applicant, in the case of an application referred to in section 47(3)(e).

      1. Notice must be given as soon as is reasonably practicable after the application or proposal is received by the Director-General and may be given—

      2. as part of any public notice given to members of the public generally of the matter to which it relates; or
        1. in a case where the Director-General is not otherwise required to give public notice, to the affected iwi, hapū, or whānau in particular in any publication circulating in the locality to which the proposal relates.

          1. A notice given under this section must—

          2. include advice that any iwi, hapū, or whānau that consider they are affected iwi, hapū, or whānau may provide that advice to the Director-General; and
            1. state the day by which any iwi, hapū, or whānau who may be affected must provide their views; and
              1. provide sufficient information about the subject matter and scope of the application or proposal—
                1. to inform iwi, hapū, or whānau who may be affected, of the obligations on the Director-General under this subpart; and
                  1. to assist affected iwi, hapū, or whānau to decide whether they wish to make a submission on the application or proposal; and
                    1. to advise where further information on an application or proposal may be viewed.

                    2. In the event of a dispute as to whether, or which, iwi, hapū, or whānau are affected by an application or proposal, the Director-General must—

                    3. seek, and may rely on, any evidence that in his or her opinion is of sufficient authority to resolve the dispute; and
                      1. advise iwi, hapū, or whānau without delay of the decision made under this subsection, with reasons.

                        1. A decision of the Director-General as to whether iwi, hapū, or whānau are affected is final.