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Natural Environment Bill

Enforcement and other matters - Miscellaneous - Allocation methods

316: Restrictions on use of market allocation method

You could also call this:

"Rules to stop unfair use of resources in certain areas"

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If a special notice is in force for an activity, you will not be able to use a market-based method to allocate resources in the same area, for the same activity, or at the same time. This rule applies when a regional council is making decisions about how to allocate resources. A relevant Gazette notice is a special kind of notice that is published under certain clauses of Schedule 3. You need to understand what a relevant Gazette notice is, so you can follow the rules. A relevant Gazette notice is one that is published under clauses like clause 13(1)(c), 28(3), 31(1)(c), 32(1), or 52 of Schedule 3. The use of a market allocation method is also subject to certain conditions, like those outlined in clause 3(3) of Schedule 3. The rules about market allocation methods are part of a bigger plan to manage resources. You should be aware that these rules are part of a proposed change to the law. The goal is to make sure resources are allocated in a fair and sustainable way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1548788.

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Part 6Enforcement and other matters
Miscellaneous: Allocation methods

316Restrictions on use of market allocation method

  1. If a relevant gazette notice is force in respect of an activity, a regional council must not use a market based allocation method that relates to—

  2. the same space or location specified in the notice; or
    1. the same activity within that space or location; or
      1. the same time period in respect of that space and activity.
        1. In this section, relevant Gazette notice means a gazette notice under—

        2. clause 13(1)(c) of Schedule 3 including any extension under clause 15(3) of Schedule 3:
          1. clause 28(3) of Schedule 3:
            1. clause 31(1)(c) of Schedule 3:
              1. clause 32(1) of Schedule 3:
                1. clause 52 of Schedule 3.
                  1. The use of a market allocation method in Part 7 subject to clause 3(3) of Schedule 3.