Section 119 — Resource Management Act 1991: Decision on application for restricted coastal activity

119 Decision on application for restricted coastal activity (1) Within 20 working days of receiving— (a) A recommendation on an application for a coastal permit for a restricted coastal activity; or (b) Where an inquiry by the Environment Court into that recommendation has been made, the report of the Environment Court,— the Minister of Conservation shall make a decision on the application and give reasons for that decision. (2) When considering his or her decision on the application, the Minister of Conservation shall— (a) Take into account the recommendation of the hearing committee or report of the Environment Court, as the case may be; and (b) Have regard to the matters set out in section 104 — and, subject to subsections (3) and (6) , may grant or refuse to grant the coastal permit and, in granting the permit, may include any conditions in it in accordance with section 108 . (3) The Minister of Conservation shall not grant or refuse to grant a coastal permit for a restricted coastal activity, or include any conditions in a permit, if the reason for granting or refusing the permit or including the condition is based on a matter that was not considered by the hearing committee under section 117 or, where there was an appeal, by the Environment Court in its inquiry, without the written agreement of the parties to the hearing or appeal, as the case may require. (4) Where the Minister of Conservation considers that subsection (3) may apply, the Minister of Conservation may, if the Minister of Conservation considers it is appropriate in the circumstances, refer the application back to the hearing committee or Environment Court (whichever dealt with it last), and seek a recommendation or report on the matter in relation to the application. (5) Where an application is referred back under subsection (4), the provisions of sections 117 and 118 shall apply accordingly and the period of 20 working days specified in subsection (1) shall not begin until the Minister of Conservation has received the recommendation or report requested under subsection (4) . (6) The Minister of Conservation must not grant a coastal permit for a restricted coastal activity if the activity is contrary to— (a) section 107 or section 107A or section 217 : (b) an Order in Council in force under section 152 : (c) any regulations: (d) a Gazette notice referred to in section 26(1) , (2) , and (5) of the Foreshore and Seabed Act 2004 . (7) Where the Minister of Conservation decides to grant a coastal permit for a restricted coastal activity, the permit shall commence on the date of the decision or such later date as the Minister of Conservation states in his or her decision. Section 119 was substituted, as from 7 July 1993, by section 66 Resource Management Amendment Act 1993 (1993 No 65). The words “ Environment Court ” in subsections (1) to (4) were substituted, as from 2 September 1996, for the words “ Planning Tribunal ” pursuant to section 6(2)(a) Resource Management Amendment Act 1996 (1996 No 160). Subsection (6) was substituted, as from 17 January 2005, by section 26 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.