Part 6Enforcement and other matters
Miscellaneous: Coastal occupation charges and rents and royalties
321Coastal occupation charges
A regional council must consider whether a coastal occupation charging regime applying to persons who occupy any part of the common marine and coastal area should be included in a plan (if it is not already included), after having regard to—
- the extent to which public benefits from the coastal marine area are lost or gained; and
- the extent to which private benefit is obtained from the occupation of the coastal marine area.
If the regional council considers that a coastal occupation charging regime should not be included, a statement to that effect must be included in the plan.
If the regional council considers that a coastal occupation charging regime should be included, the council must specify in the plan—
- the circumstances when a coastal occupation charge will be imposed; and
- the circumstances when the regional council will consider waiving (in whole or in part) a coastal occupation charge; and
- the level of charges to be paid or the manner in which the charge will be determined; and
- in accordance with subsection (6), the way the money received will be used.
No coastal occupation charge may be imposed on any person occupying the coastal marine area unless the charge is provided for in the plan.
A coastal occupation charge must not be imposed on—
- a protected customary rights group exercising a protected customary right; or
- a customary marine title group in relation to a customary marine title area.
Any money collected by the regional council from a coastal occupation charge must be used only by the regional council to perform its functions and responsibilities under this Act in the coastal marine area in its region.



