Marine and Coastal Area (Takutai Moana) Act 2011

Customary interests - Customary marine title - Accommodated activities

63: Interpretation

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"What special words mean in the Marine and Coastal Area Act"

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When you read this part of the Marine and Coastal Area Act, you need to understand what some words mean. Accommodated activities are things that people do, which are allowed or not allowed under certain rules in sections 64 and 65. These activities can be excluded or allowed under these rules. You also need to know what accommodated infrastructure means. It refers to things like buildings, roads, or other structures that are already lawfully built and used by the government, local councils, or certain companies. These structures must be necessary for the well-being of the country or the region. Associated operations are activities that help these structures work properly. This can include maintenance, repairs, or upgrading the structures, as long as it does not harm the environment. There are other important words to understand, like Crown agent, deemed accommodated activities, emergency activity, and existing. A Crown agent is someone who works for the government. Deemed accommodated activities are things that are described in section 65. An emergency activity is something done to prevent danger to people, the environment, or property. Existing refers to something that was already happening before a certain date. These words are important to understand how the Marine and Coastal Area Act works. You can find more information about these words and the Act by reading the related links, such as the Resource Management Act 1991, the Crown Entities Act 2004, the Civil Defence Emergency Management Act 2002, the Biosecurity Act 1993, the Hazardous Substances and New Organisms Act 1996, and the Maritime Transport Act 1994.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3597253.

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64: Accommodated activities, or

"Activities allowed in coastal areas with customary title"

Part 3Customary interests
Customary marine title: Accommodated activities

63Interpretation

  1. In this section and in sections 64 and 65,—

    accommodated activities are activities that are—

    1. expressly excluded under section 64(1) from the exercise of an RMA permission right or a conservation permission right by a customary marine title group; and
      1. within the scope of the activities provided for by section 64(1)

        accommodated infrastructure means infrastructure (including structures and associated operations) that is—

        1. lawfully established; and
          1. owned, operated, or carried out by 1 or more of the following:
            1. the Crown, including a Crown entity:
              1. a local authority or a council-controlled organisation:
                1. a network utility operator (within the meaning of section 166 of the Resource Management Act 1991):
                  1. an electricity generator (as defined in section 2(1) of the Electricity Act 1992):
                    1. a port company (as defined in section 2(1) of the Port Companies Act 1988):
                      1. a port operator (as defined in Part 3A of the Maritime Transport Act 1994):
                        1. reasonably necessary for—
                          1. the national social or economic well-being; or
                            1. the social or economic well-being of the region in which the infrastructure is located

                            associated operations means activities that are necessary for the functioning of an accommodated infrastructure, including—

                            1. an activity carried out under a resource consent granted under the Resource Management Act 1991 to permit existing accommodated infrastructure to continue in the same location; and
                              1. maintenance, remedial, and restoration work; and
                                1. the upgrading of existing infrastructure, but only if the effects on the environment of the upgraded infrastructure, assessed at the date when an application is made to upgrade the existing infrastructure, are to be the same or similar in character, intensity, and scale as the effects of the infrastructure that is being upgraded; and
                                  1. the replacement of a part of existing infrastructure by a new part of the same or similar nature; and
                                    1. the relocation of existing infrastructure, if—
                                      1. that is necessary for the continuing operation of the infrastructure; and
                                        1. the effects on the environment of the new location, assessed at the date when an application is made to relocate the existing infrastructure, are the same or similar in character, intensity, and scale as the effects of the infrastructure in its previous location; and
                                        2. dredging as part of the ongoing operation of a port

                                          Crown agent has the meaning given in section 10(1) of the Crown Entities Act 2004

                                            deemed accommodated activities are the activities described in section 65

                                              emergency activity

                                              1. means an activity undertaken in a customary marine title area to prevent, remove, or reduce—
                                                1. an actual or imminent danger to human health or safety; or
                                                  1. a danger to the environment or property so significant that immediate action is required; and
                                                  2. includes all necessary coastal protection work undertaken in a customary marine title area by a local authority or Crown agency; and
                                                    1. includes any activity authorised by an enactment for the purpose of preventing any of the matters referred to in paragraph (a), including an activity in relation to—
                                                      1. a state of emergency declared under the Civil Defence Emergency Management Act 2002; or
                                                        1. a biosecurity emergency declared under section 144 of the Biosecurity Act 1993; or
                                                          1. an emergency or a special emergency declared under section 49B or 136 of the Hazardous Substances and New Organisms Act 1996; or
                                                            1. a marine oil spill response under the Maritime Transport Act 1994; or
                                                              1. an emergency within the meaning of section 6 of the Fire and Emergency New Zealand Act 2017; or
                                                                1. emergency works described in section 330 of the Resource Management Act 1991

                                                                existing, in relation to an activity, means an activity for which, before the effective date, any necessary resource consents have been granted, whether or not any or all of them have been given effect to before the effective date.

                                                                Notes
                                                                • Section 63 accommodated activities paragraph (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 63 accommodated infrastructure paragraph (b)(iii): 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 63 accommodated infrastructure paragraph (b)(iii): amended, on , by section 805(3) of the Natural and Built Environment Act 2023 (2023 No 46).
                                                                • Section 63 accommodated infrastructure paragraph (b)(vi): replaced, on , by section 90 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                                                                • Section 63 accommodated infrastructure paragraph (b)(vii): 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).
                                                                • Section 63 associated operations paragraph (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 63 emergency activity paragraph (c)(v): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                                                                • Section 63 emergency activity paragraph (c)(vi): 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).