Section 64A — Resource Management Act 1991: Imposition of coastal occupation charges

64A Imposition of coastal occupation charges (1) Unless a regional coastal plan or proposed regional coastal plan already addresses coastal occupation charges, in preparing or changing a regional coastal plan or proposed regional coastal plan, a regional council must consider, after having regard to— (a) The extent to which public benefits from the coastal marine area are lost or gained; and (b) The extent to which private benefit is obtained from the occupation of the coastal marine area,— whether or not a coastal occupation charging regime applying to persons who occupy any part of the coastal marine area (relating to land of the Crown in the coastal marine area or land in the coastal marine area vested in the regional council) should be included. (2) Where the regional council considers that a coastal occupation charging regime should not be included, a statement to that effect must be included in the regional coastal plan. (3) Where the regional council considers that a coastal occupation charging regime should be included, the council must, after having regard to the matters set out in paragraphs (a) and (b) of subsection (1), specify in the regional coastal plan— (a) The circumstances when a coastal occupation charge will be imposed; and (b) The circumstances when the regional council will consider waiving (in whole or in part) a coastal occupation charge; and (c) The level of charges to be paid or the manner in which the charge will be determined; and (d) In accordance with subsection (5) , the way the money received will be used. (4) No coastal occupation charge may be imposed on any person occupying the coastal marine area unless the charge is provided for in the regional coastal plan. (4A) A coastal occupation charge must not be imposed on any person occupying the coastal marine area if the person is carrying out a recognised customary activity in accordance with section 17A(2) . (5) Any money received by the regional council from a coastal occupation charge must be used only for the purpose of promoting the sustainable management of the coastal marine area. Section 64A was inserted, as from 17 December 1997, by section 12 Resource Management Amendment Act 1997 (1997 No 104). See section 78 of that Act as to the transitional provisions. Subsection (4A) was inserted, as from 17 January 2005, by section 16 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act.