Section 152 — Resource Management Act 1991: Order in Council may be made requiring holding of authorisation

152 Order in Council may be made requiring holding of authorisation (1) The Governor-General may, by Order in Council, on the advice of the Minister, in respect of any specified part of the coastal marine area, direct that a consent authority shall not grant a coastal permit in respect of any land of the Crown in that specified part which would authorise the holder of the permit (if granted) to— (a) [Repealed] (b) Remove any sand, shingle, shell, or other natural material, within the meaning of section 12(4) , from any such land; or (c) Reclaim or drain any of such land that is foreshore or seabed— unless the applicant for the coastal permit is the holder of an authorisation authorising such taking, removal, reclamation, or drainage. (2) Every Order in Council made under subsection (1) may, by Order in Council made on the advice of the Minister, be amended or revoked. (3) The Minister shall not advise the making of an Order in Council under subsection (1) or subsection (2) which relates to any activity described in subsection (1)(c) in the coastal marine area of any region until a proposed regional coastal plan has been both prepared and notified under this Act in respect of that region. (4) The Minister shall not advise the making of an Order in Council under subsection (1) or subsection (2) unless the Minister considers— (a) That there is, or is likely to be, in respect of any 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 referred to in subsection (1) ; and (b) That it is appropriate to do so after having regard to the Crown's interests in land of the Crown in the coastal marine area. (5) Every Order in Council made under subsection (1) , and every Order in Council made under subsection (2) amending a previous Order in Council, shall expire on the second anniversary of the date on which— (a) In the case of an Order in Council made under subsection (1) , it came into force: (b) In the case of an Order in Council made under subsection (2) , the original Order in Council amended came into force. Subsection (1) was amended, as from 1 January 2005, by section 14(1)(b) Resource Management Amendment Act (No 2) 2004 (2004 No 103) by omitting the expression “ occupation, ” . Subsection (1)(a) was repealed, as from 1 January 2005, by section 14(1)(a) Resource Management Amendment Act (No 2) 2004 (2004 No 103). Subsection (1)(b) was amended, as from 7 July 1993, by section 80 Resource Management Amendment Act 1993 (1993 No 65) by inserting the word “ shell, ” . Subsection (3) was amended, as from 1 January 2005, by section 14(2) Resource Management Amendment Act (No 2) 2004 (2004 No 103) by substituting the expression “ subsection (1)(c) ” for the expression “ subsection (1)(a) or (c) ” .