Section 117 — Resource Management Act 1991: Application to carry out a restricted coastal activity

117 Application to carry out a restricted coastal activity (1) Where any person applies for a coastal permit to carry out any activity which a regional coastal plan describes as a restricted coastal activity, the application shall be made to the regional council which shall forward a copy of it without delay to the Minister of Conservation, and to the appropriate territorial authority. (2) The regional council shall deal with the application for a restricted coastal activity as if it were any other application, and sections 37 , 91 , and 92 shall apply. (3) An application for a restricted coastal activity shall be notified by the regional council in accordance with sections 93(2) and 95 . (4) Submissions shall be served on the regional council, and sections 96 to 99 shall apply. (5) The application shall be considered by a committee of the regional council that is— (a) Set up under clause 30 of Schedule 7 of the Local Government Act 2002 and that also contains one person appointed by the Minister of Conservation (either for all such cases or in a particular case); and (b) Serviced by the regional council. (6) A committee that considers an application for a coastal permit for a restricted coastal activity— (a) May exercise any of the powers or rights of a consent authority under sections 37 and 39 to 42A ; and (b) Shall, having regard to the restrictions in section 119(6) , make a recommendation on the application to the Minister of Conservation after exercising any of the powers, duties, rights, and discretions set out in sections 91 , 92 , and 99 to 108 —

as if every reference in those sections to a consent authority was a reference to the committee, and every reference to a decision was a reference to a recommendation. Section 117 was substituted, as from 7 July 1993, by section 65 Resource Management Amendment Act 1993 (1993 No 65). Subsection (1) was amended, as from 10 August 2005, by section 64 Resource Management Amendment Act 2005 (2005 No 87) by omitting the words “ as required by section 90 ” . See sections 131 to 135 of that Act as to the transitional provisions. Subsection (3) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ in accordance with sections 93(2) and 95 ” for the words “ in accordance with sections 93 and 95, and section 94 shall not apply ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (5)(a) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “ clause 30 of Schedule 7 of the Local Government Act 2002 ” for the words “ Part 5A of the Local Government Act 1974 ” . See sections 273 to 314 of that Act as to the savings and transitional provisions.