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Natural Environment Bill

Foundations - Duties and restrictions - Restrictions

18: Restrictions on use of coastal marine area

You could also call this:

"Rules to protect the coastal marine area"

Illustration for Natural Environment Bill

If you want to do something in the coastal marine area, you must check if it is allowed. You cannot do certain things like reclaiming or draining the foreshore or seabed unless you have a permit. You also cannot erect or demolish structures, disturb the foreshore or seabed, or deposit substances that can harm the area. You need to follow the rules set by instruments like national rules, plans, or water services standards. These rules say what you can and cannot do in the coastal marine area. If you want to occupy part of the common marine and coastal area or remove natural materials, you must check if it is allowed. There are some exceptions, like if you have a permit or if you are allowed to do something under another section of the law. You must also follow the rules about noise emission controls for airports in the coastal marine area. Regional councils can remove structures from the common marine and coastal area, but only if they are not permitted by a coastal permit. If you are flying over the coastal marine area in an aircraft, this section only applies to noise emission controls. You must follow the rules to protect the coastal marine area and its natural resources. Remember to always check if your activity is allowed before you start.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1549964.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planning
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Part 2Foundations
Duties and restrictions: Restrictions

18Restrictions on use of coastal marine area

  1. A person must not do any of the following activities in the coastal marine area unless the activity is expressly allowed by an instrument specified in subsection (2) or a permit:

  2. reclaim or drain any part of the foreshore or seabed:
    1. erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed:
      1. disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal):
        1. deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed:
          1. destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat:
            1. introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed.

              1. The instruments referred to in subsection (1) are—

              2. a national rule; or
                1. a rule in a plan and any rule in a proposed plan that has legal effect; or
                  1. a water services standard.

                    1. A person must not do any of the following activities in the coastal marine area unless the activity is expressly allowed by an instrument specified in subsection (5) or a permit:

                    2. occupy any part of the common marine and coastal area:
                      1. remove any sand, shingle, shell, or other natural material from that area.

                        1. A person must not do any of the following activities in a manner that contravenes an instrument specified in subsection (5) unless the activity is expressly allowed by a permit or allowed by section 25:

                        2. an activity in, on, under, or over any coastal marine area:
                          1. an activity that relates to any natural resource contained within any coastal marine area.

                            1. The instruments referred to in subsections (3) and (4) are—

                            2. a national rule; or
                              1. a rule in a plan; or
                                1. a rule in a proposed plan that has legal effect; or
                                  1. a water services standard.

                                    1. Subsection (4) does not limit subsection (1).

                                    2. This section applies to overflying by aircraft only to the extent to which noise emission controls for airports within the coastal marine area are prescribed by a national rule or a rule in a plan.

                                    3. This section does not prohibit a regional council from removing structures from the common marine and coastal area in accordance with section 19(3) to (3C) of the Marine and Coastal Area (Takutai Moana) Act 2011, unless those structures are permitted by a coastal permit.