Section 165O — Resource Management Act 1991: Power of Minister of Conservation to give directions relating to allocation of space

165O Power of Minister of Conservation to give directions relating to allocation of space (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, direct a regional council— (a) not to proceed with a proposed allocation of space in a coastal marine area; or (b) in proceeding with a proposed allocation of space in a coastal marine area, to give effect to the matters specified in the Order in Council. (2) The Minister may make a recommendation under subsection (1) only for either or both of the following purposes: (a) to give effect to Government policy in the coastal marine area: (b) 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 Maori claimants or representative of any group of Maori 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. (3) The matters referred to in subsection (1)(b) include— (a) the allocation method to be used: (b) the maximum term of a coastal permit available for allocation: (c) the allocation of authorisations relating to specific spaces within a coastal marine area to the Crown. (4) If an Order in Council contains a direction under subsection (3)(a) , the Order must be made before— (a) the relevant proposed plan is notified under clause 5 or clause 26 of Schedule 1; or (b) the Minister approves the relevant regional coastal plan under clause 19 of Schedule 1. (5) If an Order in Council contains a direction under subsection (3)(b) or (c) , the Order must be made before the regional council publicly notifies the offer under section 165E(1) or section 165F . (6) A regional council must give the Minister of Conservation not less than 4 months' notice of an offer of authorisations under section 165E or section 165F . (7) The Minister must not make a recommendation except within 3 months after receiving notification from the regional council under subsection (6) . (8) The Order in Council does not affect any allocation of authorisations advertised or a plan approved under clause 19 of Schedule 1 or an application for a coastal permit made before the Order in Council comes into force. Part 7A (comprising sections 165A to 165ZJ) was inserted, as from 1 January 2005, by section 20 Resource Management Amendment Act (No 2) 2004 (2004 No 103).