Section 372 — Resource Management Act 1991: Power of Minister of Conservation to give directions relating to restricted coastal activities

372 Power of Minister of Conservation to give directions relating to restricted coastal activities (1) Subject to subsection (3) , the Minister of Conservation may, from time to time, having regard to the matters set out in paragraphs (a) and (b) of section 68(4) and such other matters as the Minister considers appropriate, direct a regional council, in accordance with subsection (2) , to— (a) Treat any specified activity in the coastal marine area as a restricted coastal activity for the purposes of this Act, whether or not any regional coastal plan is deemed to be operative in that region under section 370 : (b) Make any specified change to a regional coastal plan deemed to be operative under section 370 for the purpose of identifying in the plan what activities are restricted coastal activities: (c) Deal with any specified application for permission or for a coastal permit in respect of any activity in the coastal marine area as an application for a restricted coastal activity,— and the regional council shall forthwith comply with that direction accordingly. (2) A direction under subsection (1) shall be in writing, and shall be served on the relevant regional council. (3) A direction under subsection (1) — (a) Shall not affect any application for a permission or a coastal permit in respect of which the regional council has notified its decision; and (b) Shall not affect any other application for a permission or a coastal permit in respect of which the regional council has, before the date upon which the direction is served, fixed a commencement date for a hearing, which date is less than 6 working days after the date upon which the direction is served; and (c) Shall cease to have effect upon the date that a proposed regional coastal plan is made operative under clause 20 of Schedule 1. (4) Upon receipt of a direction under subsection (1) , the regional council so directed shall, as soon as reasonably practicable,— (a) Without further formality, make any change to a regional coastal plan specified in the direction for the purpose of identifying in the plan what activities are restricted coastal activities, and from the date of the change the activities concerned shall be deemed to be restricted coastal activities; and (b) Where the direction specifies that an application for a permission or for a coastal permit in respect of any activity in the coastal marine area shall be dealt with as an application for a restricted coastal activity, serve a copy of the direction on every applicant for that permission or coastal permit and every person who has made a submission in respect of that application; and (c) Give public notice of the direction, including a description of— (i) Any change to be made to any regional coastal plan; and (ii) Any application for permission or for a coastal permit specified in the direction. (5) Other provisions of this Act relating to the changing of a regional coastal plan do not apply to a change made in accordance with a direction given under subsection (1) . (6) Subject to subsection (3) , a direction given under this section shall take effect on the date that it is served, regardless of when the regional council makes any change to any regional coastal plan specified in the direction. (7) Until such time as a proposed regional coastal plan is notified in respect of a region, the Minister of Conservation may, from time to time, direct the relevant regional council as to— (a) Matters which the regional council shall have regard to in considering any application or class of applications for a coastal permit; and (b) The conditions that should or should not be included in any coastal permit or class of coastal permits; and (c) Such other matters as the Minister thinks fit. (8) Subsections (2) and (3) shall apply to any directions given under subsection (7) , except that those directions shall cease to have effect on the date that a proposed regional coastal plan is notified under clause 5 of Schedule 1. Subsection (3)(c) was amended, as from 1 August 2003, by section 90 Resource Management Amendment Act 2003 (2003 No 23) by substituting the words “ made operative under clause 20 ” for the words “ notified under clause 5 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions.