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Natural Environment Bill
Natural resource permits
Nature of permits, commencement, duration and review
Commencement
176: Commencement of permit where customary marine title order or agreement in effect

Explanatory note

General policy statement Departmental disclosure statement Regulatory impact statement Clause by clause analysis

Part 1:
Preliminary provisions

3Interpretation 4Purpose 5Transitional, savings, and related provisions 6Act binds the Crown 7Application of this Act to ships and aircraft of foreign States 8Treaty of Waitangi/Tiriti o Waitangi 9Crown to seek to enter agreements to uphold Treaty settlement redress or arrangements 10Treaty redress or arrangements to be given same or equivalent effect

Part 2:
Foundations

Core provisions

11Goals 12Relationship between key instruments in decision making 13Procedural principles 14Considering effects of activities 15Considering adverse effects of activities

Duties and restrictions

16Overview of references to rules

Key instruments

28Purposes of key instruments

Provisions of key instruments

29Objectives, policies, rules, and methods 30Application of objectives, policies, rules, and methods 31Meaning of rule

Classification of activities

32Principles for classifying activities 33Consequences of permitted, restricted discretionary, or restricted discretionary activity classification 34Consequence of prohibited activity classification 35Specified prohibited activities 36Activities that must be treated as discretionary activities 37Rules relating to restricted discretionary activities 38Rules relating to discretionary activities

Permitted activity rules

39Permitted activity rules

Relationship between national rule and other instruments

40How instruments are more restrictive or enabling than national rule 41Relationship between national rule and rule in plan or proposed plan 42Relationship between national rule and natural resource permit 43Relationship between national rules and water conservation orders 44Relationship between national rules and bylaws

Environmental limits

45Defined terms

What are environmental limits and why they are required

46Purpose of environmental limits 47Who sets environmental limits 48How environmental limits are expressed 49Where human health limits must be set 50Where ecosystem health limits must be set

How environmental limits must be set

51How ecosystem health limits must be set in plans 52Criteria for decisions relating to environmental limits 53Developing human health limits 54Specifying methodologies for setting ecosystem health limits 55Developing ecosystem health limits 56Assessing impact of proposed environmental limit or methodology 57Assessing existing capacity of natural environment

Management units and related methodologies

58National standards must set management units or methodologies 59Best obtainable information

Action plans and caps on resource use

60Tools for managing resources to which limits apply 61National standards may require action plan, cap on resource use, or both 62Cap on resource use 63General content of action plans 64Considerations before action plans can include controls on land use or inputs 65Requirements for action plans to remedy breach of environmental limits

Breach of environmental limits

66Avoiding breach of environmental limit 67Breach of environmental limits

National instruments

68Role and application of national instruments 69Matters to consider when making national instrument 70Process for making national instrument 71Regional council must implement national instrument 72National instrument may direct plan provisions in natural environment plans 73Withdrawal of proposed national instrument 74Approval of national instrument 75Incorporation of material by reference in national instrument 76National instrument may provide for transitional matters

National policy direction

77National policy direction 78Purpose of national policy direction 79Content of national policy direction 80National policy direction may restrict how goals may be achieved 81National policy direction to resolve conflicts between goals in both Acts

National standards

82National standards 83Purpose of national standards 84What national standards can do 85Minister must ensure national standards enables resource use only within environmental limits 86National standards relating to significant infrastructure that breach environmental limits 87National standards or regulations may set operational details for market-based allocation process 88Restrictions on national rules that control fishing 89National rules must be clearly identified 90Amendments to national standards without full process

Part 3:
Combined plan and other matters

91Requirements for combined plan in Planning Act 2025 apply

National environment plans

Core requirements for plan making

92Purpose of natural environment plan 93Each region must have 1 natural environment plan 94Schedule 3 of Planning Act 2025 applies 95Natural environment plan must include standardised plan provisions as directed by national instrument 96Plan may include bespoke plan provisions if authorised by national instrument 97Core obligations when preparing and deciding natural environment plan

Types of provisions in natural environment plans

98Types of provisions in natural environment plan

Further matters relating to rules

99Rules may allocate natural resource activity 100Rules relating to market-based allocation process or comparative permitting process 101Plan must not permit activity that has certain effects on protected customary rights 102Process if plan or proposed plan does not comply with section 101 103Activities with effects on relationship of customary marine title group with customary marine title area

Adaptive management and incentives

104Plan may require adaptive management approach 105Methods relating to incentives

Evaluation reports and justification reports

106Requirements for evaluation reports 107Requirements for further evaluation reports 108Requirements for justification reports 109Requirements for further justification reports 110Failure to properly prepare evaluation report or justification report

Regulatory relief

111Obligations relating to regulatory relief in Schedule 3 of Planning Act 2025

Review of natural environment plans

112Review of provisions in natural environment plan at least every 10 years

Fishing and aquaculture

113Requirements for rules that control fishing 114Rules that control fishing do not apply to Māori customary non-commercial fishing rights in specified legislation 115Aquaculture areas 116Restriction on classifying aquaculture as permitted activity in coastal marine area

Other matters

117Statutory acknowledgements to be attached to natural environment plans 118Disputes relating to whether natural environment plan implements national instrument or regional spatial plan 119Presumption of validity 120Regional council must comply with and enforce natural environment plan 121Boundary adjustments 122Environment Court may give directions in respect of land subject to controls

Coastal matters, water conservation orders, and freshwater farm plans

Coastal matters

123Coastal matters

Water conservation orders

124Water conservation orders

Freshwater farm plans

125Freshwater farm plans

Part 4:
Natural resource permits

126Application of Planning Act 2025 to this Part

Types of permit

127Meaning of natural resource permit 128Natural resource permit may include wildlife approval

Applying for natural resource permit

General requirements

129Prior consultation not required 130Applying for natural resource permit 131Activity classification to remain the same 132Application affecting navigation to be referred to Maritime New Zealand 133Applications to undertake aquaculture activities 134Application relating to area where group seeks customary marine title 135Permit authority may return incomplete application 136Priority of competing applications 137Deferral pending application for additional permits

Time frames and excluded time periods

138Permit processing time frames 139Certain permits must be processed and decided no later than 1 year after lodgement

Permit authority may require further information

140Request for further information 141Request for report 142Response to request for further information or report 143Consequences of applicant’s failure to respond to requests, etc

Notification, submissions, and hearings

Notification

144Time limit for public notification or targeted notification 145Mandatory public notification in some circumstances 146Notification requirements if section 145 does not apply 147Public notification of permit application after request for further information or report 148Whether significant adverse effects on natural resources or people 149Whether person is affected person 150Meaning of affected protected customary rights group 151Meaning of affected customary marine title group

Submissions on applications

152Submissions on applications

Hearings

153Hearing of natural resource permit application

Consideration of application and decision

154Application of this subpart 155Matters that permit authority must disregard 156Consideration of natural resource permit application 157Matters relevant to activities affecting drinking water supply source water 158Matters relevant to application for discharge permit, coastal permit, or reclamation 159Activities in area within scope of planning document prepared by customary marine title group 160Matters relevant to application relating to wastewater network 161Matters relevant to application relating to stormwater network 162Applicant’s compliance history 163Land use permit may be refused or granted with conditions if risk from natural hazards 164Matters for which permit must not be granted 165Determination of natural resource permit 166Precautionary principle where information uncertain or inadequate 167Permit authority may grant application with adaptive management approach

Conditions and other requirements for decisions

Conditions of natural resource permits

168General requirements before conditions may be included 169Particular conditions that may be included in natural resource permits 170Review of draft conditions of permit 171Decision on application

Appeals

172Right to appeal 173Procedure for appeal

Nature of permits, commencement, duration and review

174Permits not real or personal property

Commencement

175Commencement of natural resource permit 176Commencement of permit where customary marine title order or agreement in effect 177When coastal permit for certain aquaculture activities may commence

Duration

178Duration of natural resource permit 179Duration of permit for renewable energy and long-lived infrastructure 180Duration of permit for aquaculture activities 181Provisions of Planning Act 2025 that apply to duration

Natural resource use activity applications by existing permit holder or other

182When sections 183 and 184 apply and when they do not apply 183Application by existing permit holder 184Applications by person who is not existing permit holder

Change or cancellation of permit condition on application by permit holder

185Change or cancellation of permit condition on application by permit holder

Review of permit conditions by permit authority

186Circumstances when permit conditions can be reviewed 187Notice of review 188Public notification, submissions, and hearing, etc 189Matters to be considered in review 190Decisions on review of permit conditions 191Powers under Part 6 not affected 192Minor corrections of natural resource permits

Transfer and surrender

193Land use permits attach to land 194Transferability of coastal permits 195Transferability of water permits 196Transferability of discharge permits 197Surrender of permit 198Special provisions relating to coastal permits for dumping and incineration 199Permit authority may treat certain activities as permitted activities 200Certificate of compliance where activity does not require permit 201Existing use certificates 202Notification and registration of activity subject to permitted activity rule

Further provisions relating to reclamation

203Further provisions relating to reclamation

Market-based allocation processes and comparative permitting processes

Market-based allocation process

204Application of sections 205 and 206 205Right to apply may be transferred 206When right to apply lapses 207Restrictions on use of market based allocation method

Comparative consenting process

208Defined terms 209Permit authority must deal with affected applications 210Required time period must be publicly notified 211Part applies to affect application 212Affected applications to be dealt with at same time 213When time frame for processing affected applications commences 214Requirement for determining affected applications

Part 5:
Key roles

Functions and powers of central and local government

215Functions of Minister 216Powers of Minister 217Minister may direct preparation of plan, document, change, or variation 218Ministers may direct commencement of review

Delegations

219Delegation of functions by Ministers

Minister of Conservation

220Minister of Conservation to has powers of regional council

Functions, powers, and responsibilities of regional councils

221Overview of responsibilities of regional councils 222Functions of regional councils

Other functions and responsibilities

223Allocation of natural resources 224Regulatory agencies to enforce law proportionately, consistently, and reasonably

Statutory acknowledgements

225Obligations relating to statutory acknowledgements 226Provision of relevant information to post-settlement governance entity

Information and monitoring

227Information gathering, monitoring, and keeping records 228Duty to keep records about iwi and hapū

Administrative charges

229Administrative charges 230Other matters relating to administrative charges

Transfer and delegation of powers

Transfer of powers, functions, and responsibilities

231Definition applying in this subpart 232Transfer of powers

Delegation of functions, powers, and responsibilities

233Delegation of functions etc 234Presumptions applying to delegations 235Delegation to employees and others

Joint management agreements

236Power to make joint management agreement 237Regional council may act alone 238Effect of joint management agreement 239Termination of joint management agreement

System performance

240System performance

Environment Court and Planning Tribunal

241Provisions applying to Planning Tribunal 242Provisions applying to Environment Court

Part 6:
Enforcement and other matters

Enforcement

243Duty to give certain information

Enforcement officers

244Authorisation and responsibilities of enforcement officers

Enforcement functions of EPA

245Terms used in this section and sections 246 to 252 246Enforcement functions of EPA 247Intervention by EPA 248EPA may change enforcement functions 249EPA enforcement officers 250EPA may require information from local authority 251Additional reporting requirements 252Order for payment of EPA’s costs in bringing a prosecution

Proceedings under this subpart

253Proceedings to be heard by Environment Judge

Declarations

254Scope and effect of declaration 255Application for declaration 256Notification of application 257Decision on application

Enforcement orders

258Scope of enforcement order 259Compliance with enforcement order 260Application for enforcement order 261Notification of application 262Right to be heard 263Decision on application 264Interim enforcement order 265Change or cancellation of enforcement order

Abatement notices

266Scope of abatement notice 267Compliance with abatement notice 268Form and content of abatement notice 269Appeals 270Environment Court may order stay of abatement notice 271Cancellation of abatement notice

Water shortage direction

272Water shortage direction

Restrictions relating to enforcement orders and abatement orders

273Restrictions on certain applications for enforcement orders and abatement notices

Powers of entry and search

274Power of entry for inspection 275Power of entry for survey 276Warrant for entry for search 277Direction and execution of warrant for entry for search

Offences

278Offences against this Act

Limitation periods

279Limitation period for offences or pecuniary penalties under this Act

Penalties

280Penalties 281Liability of principal for acts of agents 282Strict liability and defences 283Liability and defences in relation to dumping and incineration of waste or other matter in coastal marine area 284Liability and defences for discharging harmful substances 285Burden of proving defences 286Fines to be paid to local authority or EPA instituting prosecution

Insurance against fines unlawful

287Insurance against fines unlawful

Infringement offences

288Infringement offences 289Infringement offences 290Who may issue infringement notices 291When infringement notice may be issued 292Revocation of infringement notice before payment made 293What infringement notice must contain 294How infringement notice may be served 295Payment of infringement fees 296Reminder notices 297Further provisions on specified topics in Schedule 8 of Planning Act 2025

Local authorities to have compliance and enforcement strategy

298Local authorities to prepare compliance and enforcement strategy

Providing information and guidance

299Local authority or EPA to publish information about their functions, duties, and powers 300Functions, duties, and powers of Ministry

Emergency works

301Emergency works and power to take preventive or remedial action 302Natural resource permits for emergency works 303Emergency works under Civil Defence Emergency Management Act 2002 304Reimbursement or compensation for emergency works 305Emergency response regulations 306Annual review of emergency response regulations

Regulations

307Regulations 308Regulations relating to permit processing time frames and procedures

Regulations relating to allocation of the use of natural resources

309Regulations 310Regulations amending natural environment plans in relation to aquaculture activities and allocation processes 311Conditions to be satisfied before regulations made under section 310 312Regional council obligations

Natural resource levies

313Regulations relating to natural resource levies 314Conditions to be satisfied before regulations made under section 313 315Regulations relating to moneys collected from market based allocation mechanisms

Miscellaneous

Allocation methods

316Restrictions on use of market allocation method 317Minister may make grants and loans

Waiver and extension of time limits

318Power of waiver and extension of time limits 319Requirements for waivers and extensions 320Matters for which time period must not be extended or waived

Coastal occupation charges and rents and royalties

321Coastal occupation charges 322Regional councils to pay rents, royalties, and other money received into Crown Bank Account 323Obligation to pay rent and royalties deemed condition of permit

Service of documents

324Service of documents 325Mode of service of summons on master or owner of ship

Existing rights

326Crown's existing rights to resources to continue 327Rights or interests in freshwater and geothermal resources preserved

Vesting of reclaimed land and unlawful reclamation

328Vesting of reclaimed land 329Application for consent to unlawful reclamation 330Enforcement powers against unlawful reclamations

Matters may be determined by arbitration

331Matters may be determined by arbitration

Joint regional and district planning documents

332Joint regional and district planning documents

Collection and spending of levy and other money

333Collection and spending of levy under section 313(2)(a)334Collection and spending of levy under section 313(2)(b)335Collection and spending of moneys from market-based allocation mechanisms

Amendments to other legislation

336Amendments to other legislation

Hearings to be held in public and protection of sensitive information

337Hearing to be held in public and orders protecting sensitive information

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Information required in application for natural resource permit

Schedule 3:
Coastal matters

Schedule 4:
Water conservation orders

Schedule 5:
Freshwater farm plans

Schedule 6:
Statutory acknowledgements

Schedule 7:
Amendments to other legislation

Summary of changes

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Natural Environment Bill

Natural resource permits - Nature of permits, commencement, duration and review - Commencement

176: Commencement of permit where customary marine title order or agreement in effect

You could also call this:

"When a special marine title is in place, here's how permits to use the ocean or coast start"

Illustration for Natural Environment Bill

If you get a permit to do something in the ocean or coastal area, a special rule applies. This rule is from the Marine and Coastal Area (Takutai Moana) Act 2011, section 68(1) of the Marine and Coastal Area (Takutai Moana) Act 2011. It applies when there is a customary marine title order or agreement in place for that area.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525298.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > ConservationEnvironment and resources > Town planningMāori affairs > Māori land

175: Commencement of natural resource permit, or

"When a natural resource permit starts and the rules you must follow"

177: When coastal permit for certain aquaculture activities may commence, or

"When a coastal permit for fish farming can start"

Part 4Natural resource permits
Nature of permits, commencement, duration and review: Commencement

176Commencement of permit where customary marine title order or agreement in effect

If a natural resource permit is granted for an activity in a part of the common marine and coastal area where a customary marine title order or agreement is in effect, section 68(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 applies.