Section 12 — Resource Management Act 1991: Restrictions on use of coastal marine area

12 Restrictions on use of coastal marine area (1) No person may, in the coastal marine area,— (a) Reclaim or drain any foreshore or seabed; or (b) 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; or (c) 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); or (d) 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; or (e) 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; or (f) Introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed; or (g) 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 historic heritage— unless expressly allowed by a rule in a regional coastal plan and in any relevant proposed regional coastal plan or a resource consent. (2) No person may, in relation to land of the Crown in the coastal marine area, or land in the coastal marine area vested in the regional council,— (a) Occupy any part of the coastal marine area; or (b) Remove any sand, shingle, shell, or other natural material from the land— unless expressly allowed by a rule in a regional coastal plan and in any relevant proposed regional coastal plan or by a resource consent. (3) Without limiting subsection (1) , no person may carry out any activity— (a) In, on, under, or over any coastal marine area; or (b) In relation to any natural and physical resources contained within any coastal marine area,—

in a manner that contravenes a rule in a regional coastal plan or a proposed regional coastal plan unless the activity is expressly allowed by a resource consent or allowed by section 20A (certain existing lawful activities allowed). (4) In this Act,— (a) [Repealed] (b) Remove any sand, shingle, shell, or other natural material means to take any of that material in such quantities or in such circumstances that, but for the rule in the regional coastal plan or the holding of a resource consent, a licence or profit à prendre to do so would be necessary. (5) The application of this section to overflying by aircraft shall be limited to any noise emission controls that may be prescribed by a regional council in relation to the use of airports within the coastal marine area. (6) This section shall not apply to anything to which section 15A or 15B applies. Subsection (1) was amended, as from 7 July 1993, by section 10(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ , in the coastal marine area, ” and by substituting the words “ by a rule in a regional coastal plan and in any relevant proposed regional coastal plan ” for the words “ to do so by a rule in a regional coastal plan ” . Subsection (1)(f) was amended, as from 1 August 2003, by section 6 Resource Management Amendment Act 2003 (2003 No 23) by inserting the expression “ ; or ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1)(g) was inserted, as from 1 August 2003, by section 6 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (2) was substituted, as from 7 July 1993, by section 10(2) Resource Management Amendment Act 1993 (1993 No 65). Subsection (2)(a) was substituted, as from 17 December 1997, by section 4(1) Resource Management Amendment Act 1997 (1997 No 104). See section 78 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 expression “ 20A ” for the expression “ 20 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4) was amended, as from 7 July 1993, by section 10(3) Resource Management Amendment Act 1993 (1993 No 65) by omitting the words “ and in section 13(1), ” . Subsection (4)(a) was substituted, as from 7 July 1993, by section 10(4) Resource Management Amendment Act 1993 (1993 No 65) and paragraph (b) was amended, as from 7 July 1993, by section 10(5) of the same amending Act by inserting the word “ shell, ” . Subsection (4) was amended, as from 17 December 1997, by section 4(2) Resource Management Amendment Act 1997 (1997 No 104) by substituting the words “ In this Act ” for the words “ In this section ” . See section 78 of that Act as to the transitional provisions. Subsection (4)(a) was substituted, as from 7 July 1993, by section 10(4) Resource Management Amendment Act 1993 (1993 No 65) and subsection (4)(b) was amended, as from 7 July 1993, by section 10(5) of the same amending Act by inserting the word “ shell, ” . Subsection (4)(a) was substituted, as from 17 December 1997, by section 4(3) Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (4)(a) was repealed, as from 1 January 2005, by section 5 Resource Management Amendment Act (No 2) 2004 (2004 No 103). Subsection (5) was inserted, as from 7 July 1993, by section 10(6) Resource Management Amendment Act 1993 (1993 No 65). Subsection (6) was inserted, as from 20 August 1998, by section 4 Resource Management Amendment Act 1994 (1994 No 105). See clause 2 Resource Management Amendment Act 1994 Commencement Order 1998 (SR 1998/209). Subsection (6) was amended, as from 20 August 1998, by section 4(4) Resource Management Amendment Act 1997 (1997 No 104) by inserting the words “ or 15B ” . See clause 2 Resource Management Amendment Act 1997 Commencement Order 1998 (SR 1998/210).