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Natural Environment Bill

Hearings to be held in public and protection of sensitive information

Schedule 3: Coastal matters

You could also call this:

"Rules for looking after our coastal areas"

Illustration for Natural Environment Bill

The Natural Environment Bill has a schedule called Coastal Matters. This schedule is about how we manage the coastal area. You need to know that the coastal area is a common space that many people use. The government wants to make sure that the coastal area is used in a way that is good for the environment and for people. There are rules about how to use the coastal area, and these rules are in a plan called a natural environment plan. The plan says what activities are allowed in the coastal area and how they can be done. If you want to do something in the coastal area, you might need to get a permit. A permit is like a permission slip that says you can do a certain activity in the coastal area. The government can also make rules about how permits are given out. For example, they might say that only certain people can get permits, or that permits can only be given out for certain activities. The government wants to make sure that the coastal area is used in a way that is fair and good for everyone. They also want to make sure that the coastal area is protected for future generations. You can have a say in how the coastal area is managed by making a submission on the natural environment plan. A submission is like a letter that says what you think about the plan and how you think it could be improved. The government will consider your submission when they are making decisions about the coastal area. Remember, the coastal area is a special place that needs to be protected. We all need to work together to make sure that it is used in a way that is good for the environment and for people.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1550068.

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

Topics:

Environment and resources > ConservationEnvironment and resources > Town planning

Schedule 2: Information required in application for natural resource permit, or

"What you need to tell us when applying for a natural resource permit"

Schedule 4: Water conservation orders, or

"Rules to protect special New Zealand water bodies"

3Coastal matters Empowered by s 123

1Occupation of common marine and coastal area

1Interpretation and relationship of this Part with rest of this Act

In this Part, unless the context otherwise requires,—
authorisation means the right to apply for a coastal permit to occupy space in a common marine and coastal area
Minister means the Minister of the Crown who, under any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
tender means any form of tender (whether public or otherwise)
trustee has the same meaning as in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004.
The provisions of this Act that relate to applications for, and the granting of, natural resource permits apply to applications for, and the granting of, coastal permits to occupy space in the common marine and coastal area subject to the provisions of this Part.

Managing occupation in common marine and coastal area

2Power of consent authorities to refuse to receive applications for coastal permits

For the purposes of this Part, a consent authority may refuse to receive an application for a coastal permit to occupy space in the common marine and coastal area for the purposes of an activity if, within 1 year before the application is made, the consent authority has refused to grant an application for a permit for an activity of the same or a similar type for the same space or for space in close proximity to that space.

3Applications in relation to aquaculture settlement areas

No person may apply for a coastal permit authorising occupation of space in an aquaculture settlement area for the purposes of aquaculture activities, unless the person is a holder of an authorisation that—
relates to that space and activity; and
was provided to the trustee under section 13 of the Maori Commercial Aquaculture Claims Settlement Act 2004.

A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only—
to the extent that that activity is compatible with aquaculture activities; and
after consultation with the trustee and iwi in the region.

Subclause (1) does not affect any application received by a consent authority before the space became an aquaculture settlement area.
In subclause (2)(b), iwi has the same meaning as in the Maori Fisheries Act 2004.

Provisions in natural environment plan relating to occupation of common marine and coastal area

4Provisions about occupation of common marine and coastal area

A natural environment plan may include provisions to address the effects of occupation of a common marine and coastal area and to manage competition for the occupation of space, including rules specifying—
that no application can be made for a coastal permit to occupy space before a date to be specified in a public notice given by the regional council:
that the consent authority may process and hear together applications for coastal permits for the occupation of—
1. the same space in a common marine and coastal area; or
2. different spaces in a common marine and coastal area that are in close proximity to each other:
that the consent authority may process and hear together with the applications referred to in paragraph (b) any applications for coastal permits related to the coastal permits referred to in that paragraph:
limits on—
1. the character, intensity, or scale of activities associated with the occupation of space:
2. the size of space that may be the subject of a coastal permit and the proportion of any space that may be occupied for the purposes of specified activities.

However, a rule made for the purposes of subclause (1)(a) does not apply to an application made for a coastal permit under an authorisation.

5Natural environment plan may specify allocation methods

A natural environment plan may provide for a rule in relation to a method of allocating space in the common marine and coastal area for the purposes of an activity, including a rule in relation to the public tender of authorisations or any other method of allocating authorisations.

6Matters to be considered before including allocation rule in natural environment plan

Before including a rule in a natural environment plan in relation to the allocation of space in a common marine and coastal area for the purposes of an activity, a regional council must—
have regard to—
1. the reasons for and against including the proposed rule; and
2. if the proposed rule provides for a method of allocation of space other than by a method of allocating authorisations,—
  1. the reasons why allocation other than by a method of allocating authorisations is justified; and
  2. how that may affect the preferential rights provided for in clause 22; and
3. if the proposed rule provides for a method of allocating authorisations other than by public tender,—
  1. the reasons why allocation other than by public tender is justified; and
  2. how this may affect the preferential rights provided for in clause 22; and
be satisfied that—
1. a rule in relation to the allocation of space is necessary or desirable in the circumstances of the region; and
2. if the proposed method of allocating space is not allocation of authorisations, or the proposed allocation of authorisations is not by public tender, the proposed method is the most appropriate for allocation of space in the circumstances of the region, having regard to its efficiency and effectiveness compared with other methods of allocating space.

The regional council must—
prepare a report summarising the matters required by subclause (1); and
make the report available for public inspection at the same time, or as soon as practicable after, the rule is included in the natural environment plan or proposed natural environment plan.

Section 106 does not apply to the inclusion of a rule in accordance with subclause (1).
Subclause (1) applies subject to an Order in Council made under clause 10.
A challenge to a rule on the ground that this clause has not been complied with may be made only in a submission under Schedule 3 of the Planning Act 2025 (as applied to this Act by section 94).
Subclause (5) does not preclude a person who is hearing a submission or an appeal on a proposed natural environment plan from taking into account the matters stated in subclause (1).

7Offer of authorisations for activities in common marine and coastal area in accordance with natural environment plan

If a rule in an operative natural environment plan provides for public tendering or another method of allocating authorisations, the regional council must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area.
Subclause (1) applies subject to—
subclause (3); and
any Order in Council made under clause 10.

A regional council must give the Minister not less than 4 months’ notice before making an offer of authorisations under subclause (1).
Subclause (1) does not apply if the Minister responsible for aquaculture must offer the authorisations under clause 8.

8Offer of authorisations by Minister responsible for aquaculture

If a rule in an operative natural environment plan provides for public tendering or another method of allocating authorisations in relation to which the Minister responsible for aquaculture is the decision-maker, the Minister must, by public notice and in accordance with the rule, offer authorisations.

9When applications not to be made unless applicant holds authorisation in accordance with natural environment plan

Subclause (2) applies to space in the common marine and coastal area if a natural environment plan rule that has legal effect provides for public tendering or another method of allocating authorisations in relation to an activity in the space.
A person must not apply for a coastal permit authorising occupation of the space for the purposes of the activity unless the person is the holder of—
an authorisation that relates to the space and activity; or
a coastal permit granted under an authorisation that related to the occupation of that space and the application is for the purposes of an activity that was within the scope of the authorisation.

Subclause (2) does not affect any application received by the regional council before the natural environment plan became operative or the rule in a proposed natural environment plan had legal effect.
Subclause (2) does not affect any application referred to in clause 43 that is received by the regional council—
after a rule in a proposed natural environment plan has legal effect; but
before the rule becomes operative.

10Power to give directions relating to allocation of authorisations for space provided for in natural environment plan

This clause applies if a rule in a natural environment plan—
provides for a method for allocating authorisations; and
provides that a regional council is responsible for the allocation of authorisations.

The Governor-General may, by Order in Council made on the recommendation of the Minister, direct the regional council—
not to proceed with a proposed allocation of authorisations for space in a common marine and coastal area; or
in proceeding with a proposed allocation of authorisations for space in a common marine and coastal area, to give effect to the matters specified in the Order in Council.

The Minister may make a recommendation under subclause (2) only for 1 or more of the following purposes:
to give effect to Government policy in the common marine and coastal area:
to preserve the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
to facilitate compliance with clause 22:
to assist the Crown to comply with its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.

The matters referred to in subclause (2)(b) include—
the allocation method to be used:
subject to sections 178 and 180, the maximum term of a coastal permit to which the authorisations available for allocation relate:
the allocation, at no cost, of authorisations relating to specific spaces within a common marine and coastal area to the Crown:
the allocation, at no cost, of authorisations relating to specific spaces in a common marine and coastal area, or a certain proportion of the authorisations proposed to be allocated, to the trustee that is representative of the entire space for which authorisations are to be offered under the proposed allocation.

If an Order in Council contains a direction under subclause (4)(a), the order must be made before the relevant proposed natural environment plan is publicly notified.
If an Order in Council contains a direction under subclause (4)(b), (c), or (d), the order must be made before the regional council publicly notifies the offer under clause 7.
Subject to subclause (5), the Minister may make a recommendation under subclause (2) only if the Minister makes the recommendation within 3 months after receiving a notice under clause 7(3).
An Order in Council does not affect the following if made before the Order in Council comes into force:
a publicly notified offer of authorisations:
an application for a coastal permit.

Ministerial approval of use of method of allocating authorisations

11Regional council may request use of allocation method

This clause applies if,—
in the opinion of the regional council, it is desirable, due to actual or anticipated high demand or competing demands for coastal permits for occupation of space in the common marine and coastal area for the purposes of 1 or more activities, that a method be used to allocate authorisations for the space; and
an operative natural environment plan—
1. does not provide for a rule in relation to a method of allocating authorisations for the space for the purposes of the activities; or
2. does provide for a rule referred to in subparagraph (i), but the council considers that the rule will not enable it to manage effectively the high demand or the competing demands for coastal permits for the occupation of space for the purposes of the activities.

The council may request the Minister to approve allocation by public tender of authorisations or another method of allocating authorisations for the space in the common marine and coastal area.
A request under subclause (2) must be made in accordance with any requirements prescribed in regulations.
On the day a request is made under subclause (2), or as soon as practicable afterwards, the council must give public notice of the request that meets any requirements prescribed in regulations.

12Stay on applications following request under clause 11

Subclause (2) applies if a regional council has made a request under clause 11(2).
A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purposes of an activity in the request during the period commencing on the day on which public notice of the request is given under clause 11(4), and ending on the earlier of the following:
the day on which the council publicly notifies under clause 13(8) that the request has been declined:
the day on which the approval of an allocation method is notified in the Gazette under clause 13(1)(c)(i).

If the request is approved, clause 16 applies to applications from the date from which the approval applies.
Neither this clause nor clause 16 affects any application received by the council before the request was made under clause 11(2) or any application referred to in clause 43.

13Minister may approve use of allocation method

If the Minister receives a request under clause 11(2) (the request), the Minister—
must consult relevant Ministers, including the Minister of Conservation, and including the Minister responsible for aquaculture if the request relates to aquaculture activities; and
may—
1. consult any other person whom the Minister considers it appropriate to consult; and
2. request any further information from the regional council that made the request; and
must, within 25 working days after receiving the request,—
1. by notice in the Gazette, approve the request—
  1. on the terms specified by the council in the request; or
  2. on terms that, in the opinion of the Minister, will better manage the actual or anticipated high demand or competing demands in the space; or
2. decline the request.

A failure to comply with the time limit in subclause (1)(c) does not prevent the Minister from making a decision on the request.
Any period of consultation under subclause (1)(b)(i) is excluded from the period specified in subclause (1)(c).
The Minister must not approve the request unless the Minister considers that—
there is actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the activity or activities that the request applies to; and
the method and terms of allocation specified in the request, or any modified terms determined by the Minister, will—
1. effectively manage the actual or anticipated high demand or competing demands identified under paragraph (a); and
2. be implemented within a time frame that is, in the Minister’s opinion, reasonable.

In considering whether to approve the request, the Minister must have regard to—
Government policy in relation to the common marine and coastal area:
the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
the need to facilitate compliance with clause 22:
the ability of the Crown to give effect to its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.

If the Minister declines the request,—
the Minister must notify the council of that decision; and
the council must as soon as practicable after receiving notice of the decision publicly notify that—
1. the request was declined; and
2. applications may be made for coastal permits to occupy any space for the purposes of any activity that was the subject of the request.

A Gazette notice approving the request under subclause (1)(c)(i)—
must specify,—
1. if the approval does not relate to a public tender, the other allocation method that is approved; and
2. the space and activities that the public tender or other allocation method will apply to; and
3. how and within what period the public tender or other allocation method must be implemented, including any staging of the allocation; and
may also specify 1 or more of the following:
1. whether the approval is for a single public tender or a single use of the allocation method or is to be used on more than 1 occasion; and
2. an expiry date for the approval; and
3. a date by which authorisations allocated in accordance with the public tender or other allocation method will lapse, being a date that is not more than 2 years after the date on which an authorisation is granted; and
4. any restrictions on transferring authorisations allocated under the public tender or other allocation method; and
5. that applications received in respect of authorisations allocated under the public tender or other allocation method (together with any other applications for coastal permits related to the activities to which the authorisation relates) must be processed and heard together; and
6. subject to sections 178 and 180, the maximum term of a coastal permit to which the authorisations available for allocation relate; and
7. that authorisations relating to specific spaces within a common marine and coastal area must be allocated to the Crown at no cost; and
8. that authorisations relating to specific spaces, or a certain proportion of the authorisations that are representative of the entire space for which authorisations are to be offered in accordance with the public tender or other allocation method, must be allocated to the trustee at no cost.

A provision in an operative natural environment plan that relates to the allocation of space to which a Gazette notice under this clause relates does not apply during the period of the approval to the extent that it is inconsistent with the terms of the Gazette notice.
An authorisation allocated in accordance with subclause (7)(b)(viii) or clause 10(4)(d) is a settlement asset for the purposes of the Maori Commercial Aquaculture Claims Settlement Act 2004.

14Period of approval to use public tender or other method to allocate authorisations

An approval to use a public tender or other method to allocate authorisations applies for the period on and from the date on which the relevant Gazette notice is published until the earliest of the following dates:
the date on which it is expressed in the relevant Gazette notice to expire or any date substituted under subclause (3); or
the date on which it lapses under clause 15(2); or
the date on which it is revoked by a further notice in the Gazette under subclause (2); or
the date on which a proposed natural environment plan is notified with an alternative allocation method for the space to which the Gazette notice applies.

The Minister may, by notice in the Gazette, revoke an approval to use a public tender or other allocation method to allocate authorisations if the Minister—
is requested to do so by the regional council; and
considers that—
1. there is no longer actual or likely high demand or competing demands for coastal permits to occupy the space for the purposes of the relevant activity or activities; or
2. the regional council has in place other methods that will satisfactorily manage actual or likely high demand or competing demands for coastal permits to occupy the space for the purposes of the relevant activity or activities.

The Minister may, by notice in the Gazette, substitute another date in the relevant Gazette notice for the date on which the relevant Gazette notice is to expire if—
the Minister receives a request from the regional council to do so; and
the Minister considers that—
1. there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the purposes of the relevant activity or activities; and
2. the regional council does not have in place other methods that will satisfactorily manage the high demand or competing demands.

15Regional council must offer authorisations if Minister approves

If the Minister approves the use of a public tender or other method for allocating authorisations under clause 13(1)(c), the regional council must by public notice offer authorisations for coastal permits for the occupation of space in the common marine and coastal area in accordance with the terms of that approval.
A Gazette notice under clause 13(1)(c) lapses if the regional council does not carry out the public tender or implement the other approved allocation method within the period specified in the notice (or any extension of time specified by the Minister in a further notice under subclause (3)).
The Minister may by notice in the Gazette approve an extension of time for carrying out a public tender or implementing the other approved allocation method, but only if the Minister is satisfied that—
the regional council has taken all reasonable steps to carry out the public tender or implement the other approved allocation method; and
the regional council requires further time to carry out the public tender or implement the other approved allocation method.

16During period of approval, no person may apply unless they hold authorisation

Subclause (2) applies to space in the common marine and coastal area if the Minister has approved public tendering or another method for allocating authorisations in relation to any activity in that space by a Gazette notice under clause 13(1)(c)(i).
During the period of the approval, no person may apply for a coastal permit authorising occupation of the space for the purposes of an activity covered by the approval unless the person is the holder of an authorisation that relates to that space and activity.

Authorisations

17Authorisation does not confer right to coastal permit

The granting of an authorisation does not confer any right to the grant of a coastal permit for the space that the authorisation relates to.
However, if a coastal permit is granted to the holder of an authorisation, the permit must be within the terms of the authorisation, including not being granted for a period greater than the period specified in the authorisation.

18Authorisation may be transferred

An authorisation or any part of it may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been received by the regional council concerned.
This clause applies subject to any restrictions on the transfer of authorisations specified in—
the Gazette notice under clause 13 under which the authorisations were allocated; and
the relevant operative natural environment plan under which the authorisations were allocated.

19Authorisation lapses in certain circumstances

An authorisation lapses at the close of 2 years after the day on which it is granted (or any earlier day that may be specified in the authorisation) unless subclause (3) applies.
Subclause (3) applies,—
for an authorisation for which no earlier date is specified, if,—
1. before the second anniversary of the date on which an authorisation is granted, its holder has applied for a coastal permit to occupy space for the purposes of the activity that the authorisation relates to; and
2. on the second anniversary date,—
  1. the consent authority has not decided whether to grant or decline the application; or
  2. the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but the court has made no decision on the appeal; or
for an authorisation specified to lapse on a date earlier than 2 years after the day on which it is granted, if,—
1. before the date specified in the authorisation, its holder has applied for a coastal permit to occupy space for the purposes of the activity that the authorisation relates to; and
2. on the date specified in the authorisation,—
  1. the consent authority has not decided whether to grant or decline the application; or
  2. the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but the court has made no decision on the appeal.

The authorisation does not lapse until—
the time for lodging an appeal in respect of the decision has expired and no appeal has been lodged; or
an appeal has been lodged and the court has given its decision on the appeal.

20Public notice of offer of authorisations

This clause applies to—
a notice given by a regional council under clause 7 or 15(1); and
a notice given by the Minister responsible for aquaculture when conducting an allocation process under clause 8.

The notice must be made in accordance with any requirements prescribed in regulations.
This clause applies subject to an Order in Council made under clause 10.

21Requirements for offers for authorisations

An offer for an authorisation must specify—
the activity or range of activities for which the authorisation is sought; and
the site it applies to.

In the case of a tender for authorisations, the tender must also specify—
the total remuneration offered (including any annual rental component); and
the form of payment of the remuneration.

A tender must be accompanied by—
a cash deposit (being payment in advance of part of the remuneration) or equivalent security to the satisfaction of the regional council; and
any additional information specified in the notice calling for tenders.

An offer or a tender must be accompanied by any charge payable under section 229.
If a tender is accepted under clause 23, the amount of any annual rental component of the remuneration payable under subclause (2) must be reduced by the amount of any coastal occupation charges payable under section 302 for the occupation of the area concerned.

22Preferential rights of iwi

A regional council, the Minister, or the Minister responsible for aquaculture must, when conducting a tender of authorisations under this Part, or making regulations in relation to this Part or Part 4, give effect to any preferential right held by iwi to purchase a proportion of authorisations.
Subclause (1) applies to the rights (preferential rights) that are conferred by—
section 316 of the Ngāi Tahu Claims Settlement Act 1998:
section 119 of the Ngati Ruanui Claims Settlement Act 2003:
section 79 of the Ngati Tama Claims Settlement Act 2003:
section 106 of the Ngaa Rauru Kiitahi Claims Settlement Act 2005:
section 118 of the Ngāti Awa Claims Settlement Act 2005:
section 92 of the Ngāti Mutunga Claims Settlement Act 2006.

For the purposes of subclause (1), the sections of the Acts referred to in subclause (2) apply as if—
the references in those sections to the Minister of Conservation were references to the regional council or the Minister responsible for aquaculture (as applicable); and
any references in those sections to Part 4 were references to the relevant provisions of this Part.

23Acceptance of offer for authorisations

After considering the offers for authorisations in accordance with the relevant criteria referred to in clause 20(2)(e), the regional council or the Minister responsible for aquaculture may—
accept any offer; or
reject all offers; or
reject all offers and call for new offers; or
negotiate with any person who made an offer with a view to reaching an agreement.

If the offer of authorisations is a tender, the regional council or the Minister responsible for aquaculture may accept any tender or negotiate with any tenderer, whether or not the tender was the highest received.
As soon as practicable after deciding to accept an offer for an authorisation or to reject all offers or after reaching an agreement, the regional council or the Minister responsible for aquaculture must give written notice of the decision and the reasons for it to every person who made an offer.
If an offer is accepted or an agreement is reached, the notice under subclause (3) must include details of the person who made the offer and the nature of the activity that the offer or agreement relates to.

24Grant of authorisation

If the regional council accepts an offer or reaches an agreement under clause 23 with a person who made an offer, the regional council must grant an authorisation to the person concerned.
If the Minister responsible for aquaculture accepts an offer, that Minister must direct the regional council to grant an authorisation to the person concerned.

25Tender money

If the holder of an authorisation obtains a coastal permit authorising the holder to undertake an activity for which the authorisation was granted, the regional council must forward to the Minister 50% of the remuneration received under the tender.
The Minister must cause the money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989.
If an authorisation granted to a successful tenderer has lapsed under clause 19, the regional council must, as soon as possible, refund the remuneration to the tenderer.
If a tenderer who has failed to obtain an authorisation forwarded a payment to the regional council under clause 21(3), the regional council must, as soon as possible, refund the payment to the tenderer.

26Use of tender money

The regional council must apply its share of the remuneration to perform its functions and responsibilities under this Act in the coastal marine area in its region.

Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

27Regional council may request suspension of receipt of applications to occupy common marine and coastal area for purposes of aquaculture activities

A regional council may request the Minister responsible for aquaculture to suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purposes of aquaculture activities if—
it identifies actual or anticipated high demand, or competing demands, for those permits and considers that—
1. the provisions of the operative natural environment plan will not enable the demand to be managed effectively; and
2. the suspension is desirable to enable the natural environment plan to be amended or other measures available under this Act to be used to manage the demand; or
it identifies an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
1. the provisions of the operative natural environment plan will not enable the biosecurity concern to be managed effectively; and
2. the suspension is desirable to enable the natural environment plan to be amended or other measures available under this Act or other legislation to be used to manage the biosecurity concern.

A request for a suspension must—
specify—
1. the space in the common marine and coastal area that it is proposed the suspension will apply to; and
2. the aquaculture activities that it is proposed the suspension will apply to; and
3. the planning or other measure that the council proposes to implement to manage the identified demand or biosecurity concern; and
4. the proposed duration of the suspension, which must be not more than 12 months; and
be accompanied by information about—
1. the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities covered by the request; or
2. the actual or emerging biosecurity concern.

A regional council must give public notice of a request for suspension on the day the request is made or as soon as practicable after the request is made.
A public notice under subclause (3) must include—
the matters specified in subclause (2)(a); and
a statement to the effect of clause 29(2) and (3).

To avoid doubt, this clause may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities.

28Minister responsible for aquaculture may suspend receipt of applications

The Minister responsible for aquaculture may, at their own initiative, suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purposes of aquaculture activities if that Minister—
identifies actual or anticipated high demand or competing demands for those permits and considers that—
1. the provisions of the operative natural environment plan will not enable the demand to be managed effectively; and
2. the suspension is desirable—
  1. to enable the operative natural environment plan to be amended or for other measures available under this Act to be used to manage the demand; or
  2. for that Minister to use other measures available under the Maori Commercial Aquaculture Claims Settlement Act 2004 for the purpose of upholding the Crown’s settlement obligations under that Act in the region; or
identifies an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
1. the provisions of the operative natural environment plan will not enable the biosecurity concern to be managed effectively; and
2. the suspension is desirable to enable the operative natural environment plan to be amended or other measures available under this Act or other legislation to be used to manage the biosecurity concern.

Before issuing a suspension, the Minister responsible for aquaculture—
must consult the regional council; and
must consult the Minister; and
may consult any other person that the Minister responsible for aquaculture considers appropriate.

The Minister responsible for aquaculture must issue the suspension by notice in the Gazette, which must specify—
the space and aquaculture activities that the suspension on applications will apply to; and
the date on which the notice expires, which must not be more than 12 months after the date of the Gazette notice.

To avoid doubt, this clause may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities.

29Effect on applications of request under clause 27

Subclause (2) applies if a regional council has made a request under clause 27(1).
A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purposes of an aquaculture activity during the period commencing on the day on which public notice of the request is given under clause 27(3)(a), and ending on,—
if the request is declined, the day on which the regional council publicly notifies under clause 31(6) that the request has been declined; or
if the request is granted, the date on which the Gazette notice issued by the Minister responsible for aquaculture under clause 31(1)(c) in response to the request expires.

Neither this clause nor clause 31(6) affects—
any application received by the regional council before the request was made under clause 27(1):
any application to which clause 43 applies:
any application made in accordance with an authorisation.

30Effect on applications of suspension at initiative of Minister responsible for aquaculture

A person must not apply for a coastal permit to occupy any space that is the subject of a Gazette notice issued by the Minister responsible for aquaculture under clause 28 for the purposes of an aquaculture activity during the period commencing on the day on which the Gazette notice was issued and ending on the date on which the Gazette notice expires.
Neither this clause nor clause 31 affects—
any application received by the regional council before the date of Gazette notice issued by the Minister responsible for aquaculture under clause 28:
any application to which clause 43 applies:
any application made in accordance with an authorisation.

31Minister responsible for aquaculture may suspend applications on request under clause 27

If the Minister responsible for aquaculture receives a request under clause 27(1), that Minister—
must consult the Minister; and
may—
1. consult any other person whom the Minister responsible for aquaculture considers it appropriate to consult; and
2. request any further information from the regional council that made the request; and
must, within 25 working days after receiving the request,—
1. approve the request by notice in the Gazette—
  1. on the terms specified by the regional council in the request; or
  2. on terms that in the opinion of the Minister responsible for aquaculture will better manage the actual or anticipated high demand or competing demands in the space or the biosecurity concerns; or
2. decline the request.

A failure to comply with the time limit in subclause (1)(c) does not prevent the Minister responsible for aquaculture from making a decision on the request.
Any period of consultation under subclause (1)(b)(i) is excluded from the period specified in subclause (1)(c).
The Minister responsible for aquaculture must not approve the request unless they consider that—
there are—
1. actual or likely high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities that the request applies to; or
2. actual or emerging biosecurity concerns relating to the aquaculture activities; and
the planning or other measure that is proposed, or any modified terms determined by the Minister responsible for aquaculture, will—
1. effectively manage the high demand or competing demands or biosecurity concerns; and
2. be implemented within a time frame that is, in the Minister’s opinion, reasonable.

A Gazette notice under subclause (1)(c)(i) must specify—
the space and aquaculture activities that the suspension on applications will apply to; and
the date on which the notice expires, which must not be more than 12 months after the date of the Gazette notice.

If the Minister responsible for aquaculture declines a request made under clause 27(1),—
that Minister must notify the regional council of the decision to decline the request; and
the regional council must, as soon as practicable after receiving notice under paragraph (a), publicly notify that—
1. the request was declined; and
2. applications may be made for coastal permits to occupy any space for the purposes of any aquaculture activity that was the subject of the request.

The Minister responsible for aquaculture must notify the Minister of a decision to issue a Gazette notice, or to decline a request for a suspension of receipt of applications.

32Subsequent requests for direction in relation to suspension of receipt of applications

The Minister responsible for aquaculture may, at their own initiative or at the request of the regional council under clause 27, issue a further Gazette notice under clause 31 before the expiry of a notice issued under that clause if—
that Minister considers that there remain—
1. actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant aquaculture activity or activities; or
2. biosecurity concerns relating to aquaculture activities; and
that Minister considers there are no planning or other measures in place that will satisfactorily manage the demands or biosecurity concerns; and
that Minister is satisfied that more time is needed to put in place measures to manage the demands or biosecurity concerns.

Clauses 27 to 31 apply with any necessary modifications to a request for a further suspension of receipt of applications.

Processing and hearing together of applications for coastal permits for aquaculture activities

33Regional council may request direction to process and hear together applications for permits for purpose of aquaculture activities

A regional council may request the Minister responsible for aquaculture to direct it to process and hear together applications for coastal permits to occupy space in a common marine and coastal area for the purposes of aquaculture activities if the council considers—
that processing and hearing together of those applications would be more efficient and would enable better assessment and management of cumulative effects of those permits; and
the natural environment plan does not provide adequately for efficient processing, assessment, and management of the cumulative effects of those permits.

The regional council’s request must—
specify—
1. the space in the common marine and coastal area that it is proposed the direction will apply to; and
2. the aquaculture activities that it is proposed the direction will apply to; and
3. the applications or classes of applications for coastal permits that it is proposed the direction will apply to; and
be accompanied by information about why it would be more efficient and would enable better assessment and management of the cumulative effects of those permits if the direction were made.

34Minister responsible for aquaculture may decide at own initiative to give direction

The Minister responsible for aquaculture may, at their own initiative, decide to give a direction to the regional council to process and hear together applications for coastal permits to occupy space in a common marine and coastal area for the purposes of aquaculture activities if the Minister is of the opinion that the matters referred to in clause 33(1)(a) and (b) apply.
The decision must contain the information described in clause 33(2).

35Direction to process and hear applications together

If the Minister responsible for aquaculture receives a request for a direction under clause 33, that Minister—
must consult the Minister; and
may consult any other person whom the Minister responsible for aquaculture considers it appropriate to consult; and
may request any information or further information from the regional council; and
must decide, within the 25-day period, to give a direction or decline the request; and
must notify the decision to the regional council, the Minister.

If the Minister responsible for aquaculture decides under clause 34 to give a direction at their own initiative,—
this clause applies, other than subclause (1)(d) and subclauses (5) to (7); and
that Minister must consult with the affected regional council.

The Minister responsible for aquaculture must not give a direction unless—
that Minister considers it will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the direction; and
the direction complies with clause 36 (which relates to the content of the direction).

The Minister responsible for aquaculture must give the direction by Gazette notice.
A failure to comply with subclause (1)(d) within the 25-day period does not prevent the Minister responsible for aquaculture from giving a direction or declining a request.
Any period of consultation carried out under subclause (1)(b) is excluded from the 25-day period.
In this clause, 25-day period means 25 working days after the Minister responsible for aquaculture receives a request from the regional council or makes a decision under clause 34.

36Content of direction

A direction given under clause 35 must require the regional council to process and hear together applications for coastal permits to occupy the common marine and coastal area for the purposes of aquaculture activities (together with any other applications for coastal permits related to the aquaculture activities)—
on the terms specified by the regional council under clause 33(2)(a) (in the request); or
on terms, that in the opinion of the Minister responsible for aquaculture, will facilitate efficient processing, assessment, and management of the cumulative effects of those permits.

The direction must specify—
the space in the common marine and coastal area that the direction applies to; and
the aquaculture activities that the direction applies to; and
the applications or classes of applications to which the direction applies.

The direction may apply to applications or classes of applications that (without limitation) include—
applications made on or after the commencement date; or
applications made but not determined before the commencement date; or
applications defined by reference to their contents (for example, by the size of the space they relate to).

The direction may not apply to applications or classes of applications—
in respect of which the regional council or the Minister responsible for aquaculture has determined, before the commencement date, to hold a hearing and the hearing has commenced or been completed; or
in respect of which the regional council or the Minister responsible for aquaculture has determined, before the commencement date, that no hearing is required; or
to which clause 43 applies; or
made more than 12 months after the commencement date.

The direction may specify that an application for a coastal permit—
that is made after the commencement date; and
to which the direction does not apply—

must not be processed and heard until decisions have been made and notified on all of the applications to which the direction applies.

In this clause, commencement date means the date on which the direction comes into force (as specified in the Gazette notice).

37Regional council must comply with direction

A regional council given a direction under clause 35 must comply with the direction.
The regional council must process and hear together applications to which the direction applies—
on and from the commencement date of the direction (as specified in the Gazette notice); and
in accordance with the terms of the direction (as specified in the Gazette notice).

Processing and hearing together of applications for coastal permits

38Application of clauses 39 to 41

Clauses 39 to 41 apply if a regional council is required to process and hear together any applications or class of applications for coastal permits to occupy space in the common marine and coastal area under—
a rule in a natural environment plan (see clause 4); or
a Gazette notice under clause 13 (approving a request to use an allocation method); or
a Gazette notice under clause 35 (given at the request of the regional council or at the initiative of the Minister responsible for aquaculture).

39Interpretation

In this clause and clauses 40 and 41,—
affected application, in relation to a PHT requirement,—
1. means an application for a coastal permit to occupy space in the common marine and coastal area for the purposes of 1 or more activities that is required to be processed and heard together with another application or applications under the PHT requirement; and
2. includes any other applications for coastal permits that are related to the application referred to in paragraph (a) and that are subject to the PHT requirement
PHT requirement means a requirement that an application be processed and heard together with another application or applications as provided in a rule or Gazette notice referred to in clause 38.

40Processing of affected applications

Sections 130 to 152 apply in respect of each affected application that is subject to a PHT requirement.
The regional council must, as soon as practicable after the latest date on which the period for submissions closes on an affected application to which the PHT requirement relates, advise each applicant of the names and contact details of the other affected applicants.
Section 153(a) and (b) apply in respect of any affected application that the regional council is required to process and hear together with other affected applications.

41Hearing of affected applications

The provisions of this Act that relate to the hearing and making of decisions on a coastal permit apply to the affected applications with the following modifications:
if a hearing is to be held in respect of any affected application,—
1. a hearing must be held for all affected applications; and
2. all affected applications must be heard together; and
the date for the commencement of the hearing must be within 25 working days after the latest closing date for submissions on an affected application to which the PHT requirement relates; and
decisions on the affected applications are, subject to section 135(4), to be made in the order in which the applications were lodged; and
notice of the decision on each affected application must be given within 30 working days after the end of the hearing or, if no hearing is held, within the period within which a hearing would have been required to be held under paragraph (b); and
paragraph (c) is subject to clauses 43 and 44.

2Order in which applications by existing consent holders are to be processed

42Application

This Part applies only to applications for coastal permits to occupy space in the common marine and coastal area for the purposes of aquaculture activities.
However, this Part does not apply to an application if, at the time the application is made, an operative natural environment plan provides for a method of allocating authorisations for the space and activity.

43Processing applications for existing permit holders

This clause applies if—
a person holds a coastal permit to occupy space in the common marine and coastal area for the purposes of aquaculture activities; and
the permit referred to in paragraph (a) (the existing coastal permit)—
1. is in force at the time of any application under paragraph (c); and
2. applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and
the holder of the existing coastal permit (the existing permit holder) makes an application for a new coastal permit that is—
1. for occupation of some or all of the same space; and
2. for the purposes of the same or another aquaculture activity; and
3. accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and
the application and any related applications are—
1. made to the appropriate consent authority; and
2. made—
  1. at least 6 months before the expiry of the existing coastal permit; or
  2. in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate.

If this clause applies, then—
the applications must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and
no other application to occupy the space that the application relates to may be accepted before the determination of the application; and
the existing permit holder may continue to operate under the existing coastal permit until—
1. a new coastal permit is granted and all appeals are determined; or
2. a new coastal permit is declined and all appeals are determined.

44Applications for space already used for aquaculture activities

This clause applies to an application for a coastal permit to occupy space in the common marine and coastal area for the purposes of aquaculture activities if—
the application relates to space that is subject to a permit referred to in clause 43; and
the application is made by a person who is not the existing permit holder.

The application must be held by the consent authority without processing until 3 months before the expiry of the permit.
While the application is being held under subclause (2), the consent authority must not accept any other applications by persons other than the existing permit holder to occupy that space until after the application being held under subclause (2) is determined or has lapsed.
After receiving an application referred to in subclause (1), the consent authority must notify the existing permit holder—
of the application; and
that the holder can make an application in accordance with clause 43(1)(c).

If an application to which clause 43(1)(c) applies is made, then the application referred to in subclause (1) remains on hold until that application is determined.
If the application to which clause 43(2) applies is granted, then the application referred to in subclause (1) lapses.
If no application to which clause 43(2) applies is made before the date that is 3 months before expiry of the relevant permit, then the application being held under subclause (2) must be processed and determined in accordance with this Act.
However, the application may be processed and determined before the expiry of the 3-month period referred to in subclause (7) if the existing permit holder notifies the consent authority in writing that the holder does not propose to make an application under clause 43(1)(c).

45Additional criteria for considering applications for permits for space already used for aquaculture activities

When considering an application under clause 43 that relates to the same aquaculture activity, a consent authority must consider all relevant information available in relation to the existing coastal permit, including any available monitoring data.
When considering an application to which clause 43 and clause 44(7) or (8) applies, a consent authority may consider the matters in section 162(1) and (3).

3Aquaculture areas

46Interpretation

In this Part, unless the context otherwise requires,—
application means an application for a coastal permit to occupy space in the common marine and coastal area for aquaculture activities
aquaculture area rules means rules in a natural environment plan that provide for or relate to aquaculture activities in an aquaculture area
chief executive means the chief executive of the Ministry responsible for the administration of the Fisheries Act 1996
reservation means a decision by the chief executive under section 186E of the Fisheries Act 1996 that they are not satisfied that the aquaculture activities provided for within the aquaculture area will not have an undue adverse effect on fishing
stock has the meaning given in section 2 of the Fisheries Act 1996.

47Request for aquaculture area decision

If a natural environment plan prescribes aquaculture areas and provides aquaculture area rules, a person may request the chief executive, in accordance with any requirements prescribed in regulations, to make an aquaculture area decision in respect of—
an aquaculture area; and
any aquaculture activities that may be carried out in the aquaculture area.

48Aquaculture area subject to quota management system reservation

If the chief executive makes a reservation relating to stock that is subject to the quota management system,—
the part of the aquaculture area to which the reservation relates is closed for applications during the period (the waiting period)—
1. commencing on the date of the aquaculture area decision; and
2. ending on the date that is 6 months later or, if an extension under section 186ZI of the Fisheries Act 1996 is granted, 9 months later; and
if an aquaculture agreement or a compensation declaration relating to the reservation is registered under the Fisheries Act 1996 and the waiting period is completed,—
1. the terms of the agreement or declaration must be made available by the negotiator in accordance with section 186ZEA(2) of the Fisheries Act 1996; and
2. each applicant must demonstrate in their application that the negotiator agrees that they have met the terms of the agreement or declaration; and
3. if the application is granted, it commences in accordance with section 175; and
if no aquaculture agreement or compensation declaration relating to the reservation is so registered, the application (other than an application for an authorisation) must proceed in accordance with section 133.

In this clause,—
aquaculture agreement means an aquaculture agreement registered in accordance with section 186ZH of the Fisheries Act 1996
compensation declaration means a compensation declaration registered under section 186ZHA of the Fisheries Act 1996.

49Aquaculture area subject to reservation

An application that is granted to occupy space in an aquaculture area that is subject to a reservation must commence in accordance with section 177 if the reservation relates to—
recreational fishing or customary fishing; or
commercial fishing in relation to stocks and species not subject to the quota management system.

4Coastal tendering relating to certain activities

50Application

This Part applies to the following activities in the coastal marine area:
removing any sand, shingle, shell, or other natural material:
reclaiming or draining any foreshore or seabed.

This Part does not apply to applications for coastal permits to authorise the occupation of a coastal marine area.

51Interpretation

In this Part, unless the context otherwise requires,—
authorisation means an authorisation granted by the Minister under clause 61
Order in Council means an Order in Council made under clause 52.

52Order in Council may require holding of authorisation

The Governor-General may, by Order in Council made on the recommendation of the Minister, direct that a consent authority must not grant a coastal permit for a specified part of the marine and coastal area (other than for any specified freehold land) that would, if granted, authorise the permit holder to undertake an activity to which this Part applies, unless the applicant holds an authorisation for that activity.
The Minister must not make a recommendation—
unless—
1. they consider that there are, or are likely to be, for an area to which it is proposed that the Order in Council relate, competing demands for the use of that area for all or any of the activities to which this Part applies; and
2. the Minister is satisfied that the Order in Council gives effect to any preferential right held by iwi to purchase a proportion of authorisations listed in clause 22(2):
that relates to the reclamation or drainage of any foreshore or seabed in the coastal marine area of any region until a proposed natural environment plan of a combined plan has been prepared and notified under this Act for that region.

An Order in Council expires on the second anniversary of the date on which it comes into force.

53Application of Order in Council

An Order in Council does not apply to or affect—
any application for a coastal permit made before the date on which the Order in Council comes into force:
any application, whether made before or after the date on which the Order in Council comes into force, for a coastal permit to do something—
1. that otherwise would contravene section 20, 21, 22, or 23; or
2. that otherwise would contravene section 18 (other than something described in clause 50(1) that is the subject of the Order in Council):
any application for a coastal permit to which section 181(a) applies and any coastal permit granted as a result of any such application:
any of the following in force or being carried out on the date on which the Order in Council comes into force:
1. a coastal permit:
2. a permitted activity in the coastal marine area:
3. another lawful activity.

54Publication, etc, of Order in Council

The Minister must, as soon as practicable,—
cause a copy of every Order in Council to be served on the appropriate regional council; and
cause a notice of the making of the Order in Council and its effect to be served on—
1. the Minister for the Environment:
2. every territorial authority whose district or any part of whose district is situated within the region to which the Order in Council relates:
3. the tangata whenua of that region, through iwi authorities.

55Particulars of Order in Council to be endorsed in natural environment plan

On receiving a copy of an Order in Council, the regional council must endorse particulars of it in the natural environment plan, but the endorsement does not form part of the natural environment plan.

56Effect of Order in Council

Except as otherwise provided in clause 53, if an Order in Council is in force for any part of the coastal marine area, a consent authority must not grant a coastal permit authorising any activity to which this Part applies unless—
the applicant for that permit holds an authorisation for the activity; or
the Order in Council does not require such an authorisation to be held.

57Calling of public tenders for authorisations

If an Order in Council is in force for any part of the coastal marine area, the Minister may, at any time by a publicly notified tender, offer authorisations for the whole or any portion of that part for all or any of the activities to which the Order in Council applies.
The public notice of every offer must be made in accordance with any requirements prescribed in regulations.
The Minister may amend, revoke, or replace any notice before the time by which tenders must be received expires.
In conducting a tender under this clause, the Minister must give effect to any preferential right to which clause 22(1) applies, as if they were conducting a tender under clause 22.

58Requirements of tender

Every tender for an authorisation must specify—
the activity or range of activities for which the authorisation is sought; and
for an authorisation to remove any sand, shingle, shell, or other natural material, the maximum period of any proposed coastal permit, and the maximum amount of material proposed to be extracted under the permit; and
the total remuneration offered, including—
1. any initial payment for the authorisation:
2. any royalty for the extraction of material, and any proposed formula for adjustment of royalty.

The tender must be accompanied by—
the prescribed fee (if any) and, if an initial payment for the authorisation is offered, a cash deposit of that payment or equivalent security to the satisfaction of the Minister; and
any additional information specified in the public notice calling for tenders.

59Acceptance of tender, etc

The Minister may, after having regard to the matters specified in subclause (2), in their discretion,—
accept any tender, whether or not it is the highest tender; or
enter into private negotiations with any tenderer, whether or not that tenderer offered the highest tender, with a view to reaching an agreement; or
reject all tenders and call for new tenders under clause 57.

The matters concerned are—
the interests (including the financial interests) of the Crown in the coastal marine area; and
the financial and other circumstances of the tenderers; and
any other matters the Minister considers relevant.

If the Minister decides to accept a tender or reject all tenders, the Minister—
must without delay give written notification of the decision to the appropriate regional council and every tenderer; and
must include reasons for the decision and the details of the name of the successful tenderer and the nature of the activity to which the tender relates.

If the Minister reaches an agreement with a tenderer under subclause (1)(b), the Minister must without delay give written notification to the appropriate regional council and every other tenderer of the name of the person with whom agreement was reached and the nature of the activity to which the agreement relates.

60Notice of acceptance of tender

Every tender accepted in accordance with clause 59 must be by written notice of acceptance given by the Minister to the successful tenderer.
At the same time as giving any written notice of acceptance, the Minister must also give written notice to every other tenderer of the failure of their tender and, on request, return all documents submitted with each unsuccessful tender.

61Grant of authorisation

If the Minister gives notice of acceptance of a tender or enters into an agreement satisfactory to the Minister under clause 59(1)(b), the Minister must grant a written authorisation, in any form they think appropriate, to the successful tenderer or the person with whom the agreement was entered into.
The Minister must cause a copy of every authorisation to be given to the appropriate regional council.
Clauses 17 to 19 apply to an authorisation granted under this clause.

62Tender money

If a person to whom an authorisation has been granted forwarded an initial payment to the Minister under clause 58(2), the money becomes the property of the Crown and, on granting the authorisation, the Minister must cause that money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989.
If an authorisation granted to a person to whom subclause (1) applies has lapsed under clause 19, the Minister must cause 80% of the initial payment to be refunded to that person from a Crown Bank Account.
If any tenderer who has failed to obtain an authorisation forwarded an initial payment to the Minister under clause 58(2), the Minister must as soon as practicable, cause that money to be refunded to that tenderer.

5Continuation of coastal permits

63Part 5 applies in relation to coastal permits extended under sections 165ZFHC and 165ZZC of Resource Management Act 1991

This Part applies in relation to coastal permits extended under sections 165ZFHC and 165ZZC of the Resource Management Act 1991 that are in force and have not been surrendered on the date on which this clause comes into force.

Restrictions on section 186 reviews of conditions of extended coastal permits

64Restrictions on section 186 review of conditions of extended coastal permits

This clause applies until the specified transition date to a coastal permit, the extension of which is continued by section 165ZFHC of the Resource Management Act 1991.
A consent authority must not give notice under section 186(1)of its intention to review the conditions of the permit unless—
the notice is given under section 186(1)(c); or
the following criteria are met:
1. the permit expressly allows for a review of the conditions for the purposes of an adaptive management approach; and
2. the review is to be carried out for those purposes only; and
3. the review is to be carried out at a time specified in the permit for that purpose.

In subclause (2), adaptive management approach—
means a systematic and iterative process of decision-making that aims to reduce and manage uncertainty about the environmental effects of an activity over time through—
1. monitoring the activity and its effects; and
2. making changes to management in response to the results of that monitoring; and
can include management by a staged development programme, each stage proceeding only when the monitoring of the biological or physical effects of the previous stage demonstrates that the adverse effects—
1. are within limits prescribed in the provisions of the relevant coastal permit; and
2. are reversible.

To avoid doubt, this clause does not affect a review of conditions required under section 186(2).

Review of conditions applying to extended coastal permits

65Power to undertake review

A consent authority may review the conditions of any coastal permit to which this Part applies.
This Part is in addition to, and does not affect the application of,—
section 185, which provides for the holder of a coastal permit to apply to change or cancel any condition of a coastal permit; and
section 186, which—
1. provides for the consent authority to review the conditions of a coastal permit; but
2. until the specified transition date, is subject to the restrictions in section 64; and
section 188, which sets out requirements for notices of reviews under section 187; and
section 191, which preserves the power of the Environment Court to change or cancel a coastal permit by an enforcement order.

A review undertaken under this Part—
must commence not later than the specified transition date; and
must not be undertaken more than once in relation to any coastal permit; and
must not amend the duration of a coastal permit extended under section 165ZFHC of the Resource Management Act 1991, or change the species or consented area to which the coastal permit relates.

Despite section 229, a consent authority must bear its own costs of a review undertaken under this Part, other than any costs arising from a request by the Director-General under clause 67(3) for information not held by the consent authority in its normal course of business.

66Purpose of review

The purpose of undertaking a review is to better promote the sustainable management of the natural and physical resources associated with the marine farm, as long as the review is undertaken in a way that does not prevent the permit holder from carrying out the aquaculture activity to which the coastal permit relates.

67Concurrence of Director-General required for review to proceed

Before a consent authority may undertake a review under this Part, it must provide a proposal to the Director-General of the Ministry for Primary Industries (the Director-General) that sets out how the consent authority considers the proposed review meets the purpose of a review under this Part.
Not later than 20 working days after receiving a proposal, the Director-General must—
decide whether to concur with the consent authority that the proposal is consistent with the purpose of the review; and
notify the relevant consent authority in writing of that decision.

For the purposes of making that decision, the Director-General may request the relevant consent authority and permit holders to provide information in writing to the Director-General not later than 20 working days after the request is received.
The information requested—
must be provided as requested, in the case of a request to the consent authority; and
may be provided in the case of a request to a permit holder.

The time that the Director-General may need to obtain information from the relevant consent authority and permit holders is in addition to the 20 working days specified in subclause (2).
If the information is not received in full within the time specified in subclause (3), the Director-General may decide whether to concur with the review proposal under subclause (2)(a), taking into account the information received within that time.

68Process applying to review

Not later than 20 working days after a consent authority has received written notice of the Director-General’s concurrence with the proposed review, the consent authority may initiate a review of the conditions of an extended coastal permit by notifying that intention to—
any of the following groups or persons if the extended coastal permit applies in their rohe:
1. iwi authorities:
2. post-settlement governance entities:
3. ngā Hapū o Ngāti Porou, as defined in section 10 of Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
4. iwi and hapū that are party to a Mana Whakahono ā Rohe under this Act:
5. customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011) that—
  1. hold customary marine title in an area under that Act; or
  2. have applied under that Act for customary marine title but whose application has not yet been determined; and
the permit holder.

Groups or persons notified under subclause (1) may make submissions on the proposed review to the relevant consent authority—
within 20 working days after limited notification is given under subclause (1); and
in accordance with section 131.

A consent authority undertaking a review under this Part must not hold a hearing as part of that review, and nothing in sections 153 applies to a review under this Part.

69Decision on review

A consent authority that undertakes a review under this Part must, not later than 2 years after initiating the review, decide whether to add to, amend, or make no change to, any condition of the coastal permit under review.
In making that decision, the consent authority must—
apply section 189, as far as it is relevant to a review under this Part (and with any necessary modifications); and
consider any submissions received under clause 68(2).

The consent authority must, as soon as is reasonably practicable, give written notice of the outcome of the review to the persons notified if they made a submission (see clause 68(1) and (2)).

70Right of appeal

The following persons may appeal to the Environment Court against the whole or part of any decision made by the consent authority in the review of conditions under this Part:
the permit holder; and
any person or group who was notified under clause 68(1) and who made a submission under clause 68(2).

Section 173 applies to an appeal under this clause.

71Final right of appeal

There is a final right of appeal on a question of law to the High Court, subject to clauses 77 to 82 of Schedule 9 of the Planning Act 2025.

Port company coastal permits

72Interpretation

In clauses 73 to 80, unless the context otherwise requires,—
holder means a port company that holds a section 165ZZC coastal permit
port company and port related commercial undertaking have the same meanings as in section 2(1) of the Port Companies Act 1988
section 165ZZC coastal permit and permit mean a coastal permit that was continued under section 165ZZC of the Resource Management Act 1991.

Review of section 165ZZC coastal permits

73Requirement to undertake review

Each consent authority in whose area of jurisdiction a port company holds a section 165ZZC coastal permit must undertake a review of the permit in accordance with this Part (see clause 75).
This clause is in addition to—
clauses 65 to 71, which provide for—
1. a consent authority to review the conditions of a coastal permit; and
2. the holder of a coastal permit to apply to the relevant consent authority to change or cancel any condition of a coastal permit; and
section 191, which preserves the power of the Environment Court to change or cancel a coastal permit by an enforcement order.

74Purpose and scope of review

The purpose of a consent authority’s review of a section 165ZZC coastal permit is to identify—
any adverse environmental effects of the occupation of the coastal marine area authorised by the permit; and
whether conditions need to be imposed or amended to avoid, remedy, or mitigate those effects.

A consent authority may identify and provide, as the consent authority considers necessary for the purposes of the review, for—
new conditions to be included in a section 165ZZC coastal permit; and
existing conditions to be modified.

However, a consent authority—
must not, in relation to a section 165ZZC coastal permit, provide for the inclusion of a new condition or modification of an existing condition that—
1. would change the size of the permit area or its location; or
2. would prevent the holder from occupying the permit area to manage and operate port related commercial undertakings; but
may, if the holder agrees, provide for the inclusion of a new condition or modification of an existing condition that—
1. permits activities to be undertaken in any specified part of the permit area; or
2. prohibits activities from being undertaken in any specified part of the permit area.

Sections 168 and 169 apply, subject to this clause, to a review of a section 165ZZC coastal permit.

Notice and other procedural requirements

75Notice and other requirements relevant to review

Not later than 30 September 2027, each consent authority in whose area of jurisdiction a port company holds a section 165ZZC coastal permit must initiate a review of the permit by serving a limited notice of the review on the parties described in clause 76.
Each party who is served notice is entitled to make a written submission on the review, including proposing new or modified conditions for the permit (see clause 77).
A review must be undertaken in a way that—
does not prevent a holder from managing and operating port related commercial undertakings; and
is efficient and causes as little disruption as possible to the management and operation of those port related commercial undertakings.

A consent authority must not—
give public notice that a review is being initiated (but must give limited notice); or
hold a hearing on the submissions received.

A review required by this Part must be completed, and a decision issued, not later than 2 years after the date on which the consent authority initiates the review.

76Parties that must be given limited notice

The limited notice required by clause 75(1) must be served on—
each of the following, to the extent that their area of interest overlaps with, or is within, the area of the relevant section 165ZZC coastal permit:
1. iwi authorities:
2. post-settlement governance entities:
3. ngā hapū o Ngāti Porou, as defined in the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
4. any iwi or hapū that are party to an existing or initiated Mana Whakahono ā Rohe that applies in the whole or a part of the area of the section 165ZZC coastal permit:
5. customary marine title groups (within the meaning of the Marine and Coastal Area (Takutai Moana) Act 2011)—
  1. who hold customary marine title under that Act in the whole or a part of an area to which the section 165ZZC coastal permit relates; or
  2. who have applied under that Act for customary marine title but whose applications have not yet been determined:
6. any iwi or hapū that are party to an existing joint management agreement; and
the Director-General of Conservation; and
the permit holder.

77Submissions on review

If the parties listed in clause 76 decide to make a submission, they must lodge their written submissions with the consent authority not later than 20 working days after receiving the notice served under clause 75.

78Decision on review

A consent authority’s decisions on its review of a section 165ZZC coastal permit must—
take into account all submissions received under clause 77; and
be consistent with the purpose of this Act.

Rights of appeal

79Appeal rights

The following persons or groups may appeal to the Environment Court against the whole or a part of a decision made by the consent authority on its review of a section 165ZZC coastal permit:
the holder of the permit; and
any person or group notified of the review under clause 75 and who made a submission under clause 77

Section 173 applies to an appeal made under this clause.

80Final right of appeal

There is a final right of appeal to the High Court on a question of law against a decision of the Environment Court under clause 79.
Clauses 77 to 82 of Schedule 9 of the Planning Act 2025 apply to any appeal under this clause.