Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 141B — Minister's power to call in matters that are or are part of proposals of national significance
141B Minister's power to call in matters that are or are part of proposals of national significance (1) When the Minister considers that a matter is or is part of a proposal of national significance,…
Section 141C — Form and effect of Minister's direction
141C Form and effect of Minister's direction A direction by the Minister under section 141B(1) must— (a) be in writing signed by the Minister; and (b) state the reasons for calling the matter in; and…
Section 142 — Minister may determine not to proceed
142 Minister may determine not to proceed (1) Even though a direction has been served under section 141C , the Minister may determine not to proceed with the notification or hearing of the matter,…
Section 143 — Local authority's obligations
143 Local authority's obligations When a direction has been served under section 141C , the local authority must, without delay,— (a) provide the Minister with— (i) all matters to which the direction…
Section 144 — Minister to notify direction
144 Minister to notify direction (1) The Minister must give public notice of a direction under section 141C . (2) Every notice for the purposes of this section must— (a) state the reasons for calling…
Section 145 — Minister to receive submissions
145 Minister to receive submissions (1) Any person may make a submission to the Minister about any matter to which a direction under section 141C relates, whether or not the person has made a…
Section 146 — Minister to appoint board of inquiry
146 Minister to appoint board of inquiry (1) This section applies if the Minister makes a direction under section 141B(1)(a) . (2) As soon as is reasonably practicable after receiving a matter from a…
Section 147 — Conduct of inquiry
147 Conduct of inquiry (1) The Minister must, without delay, provide a board of inquiry appointed under section 146 with— (a) all matters received by the Minister; and (b) all submissions on the…
Section 148 — Board to produce draft report
148 Board to produce draft report (1) As soon as practicable after a board of inquiry has completed an inquiry under section 147 , it must— (a) make its draft decision; and (b) produce a draft…
Section 149 — Board to produce final report
149 Board to produce final report (1) As soon as practicable after the 20 working days referred to in section 148(4) , the board of inquiry must— (a) consider any comments received; and (b) make its…
Section 149A — Appeals on questions of law
149A Appeals on questions of law (1) A person described in section 149(3) may appeal to the High Court against a decision under section 149(1) on a question of law only. (2) Sections 300 to 308 apply…
Section 149B — Costs of process
149B Costs of process (1) The Fees and Travelling Allowances Act 1951 applies to a board of inquiry appointed under section 146 as follows: (a) the board is a statutory board within the meaning of…
Section 150 — Residual powers of authorities
150 Residual powers of authorities (1) Subsection (2) applies to the consent authority that would have decided an application for a resource consent, if the Minister had not made a direction under…
Section 150A — Interpretation
150A Interpretation In this Part, unless the context otherwise requires,— application means an application for a coastal permit for aquaculture activities moratorium means the period— (a) beginning…
Section 150AA — Reference to Environment Court
150AA Reference to Environment Court (1) This section applies if the Minister makes a direction under section 141B(1)(b) . (2) The matter is referred to the Environment Court by the applicant lodging…
Section 150B — Moratorium
150B Moratorium (1) Subsection (2) applies to— (a) an application that requires notification if it was made to a consent authority before the moratorium and the consent authority had not, before the…
Section 150C — Earlier expiry of moratorium in relation to specified areas
150C Earlier expiry of moratorium in relation to specified areas (1) The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, specify a date earlier…
Section 150D — Pending applications to be considered under rules as at end of moratorium
150D Pending applications to be considered under rules as at end of moratorium [Repealed] Part 6A (comprising sections 150A to 150F) was inserted, as from 26 March 2002, by section 9 Resource…
Section 150E — Transitional provision
150E Transitional provision [Repealed] Part 6A (comprising sections 150A to 150F) was inserted, as from 26 March 2002, by section 9 Resource Management (Aquaculture Moratorium) Amendment Act 2002…
Section 150F — No compensation
150F No compensation No compensation is payable by the Crown to any person for any loss or damage arising from the application of this Part. Part 6A (comprising sections 150A to 150F) was inserted,…
Section 150G — Certain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued
150G Certain coastal permits issued in period from 1 June 1995 to 1 August 2003 continued (1) This section applies to coastal permits issued— (a) in the period beginning on 1 June 1995 and ending…
Section 151 — Interpretation
151 Interpretation In this Part, unless the context otherwise requires,— Authorisation means an authorisation granted by the Minister of Conservation pursuant to section 161 Minister means the…
Section 151AA — Part not to apply to applications to occupy coastal marine area
151AA Part not to apply to applications to occupy coastal marine area This Part does not apply to applications for coastal permits to authorise the occupation of a coastal marine area. Section 151AA…
Section 152 — 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…
Section 153 — Application of Order in Council
153 Application of Order in Council An Order in Council shall not apply to or affect— (a) Any application for a coastal permit made before the date on which the Order in Council came into force: (b)…
Section 154 — Publication, etc, of Order in Council
154 Publication, etc, of Order in Council The Minister shall as soon as practicable— (a) Cause a copy of every Order in Council to be served on the appropriate regional council; and (b) Cause a…
Section 155 — Particulars of Order in Council to be endorsed on regional coastal plan
155 Particulars of Order in Council to be endorsed on regional coastal plan On receipt of a copy of an Order in Council under section 154 , the regional council shall endorse particulars of it on the…
Section 156 — Effect of Order in Council
156 Effect of Order in Council Except as otherwise provided in section 153 , where an Order in Council is in force in respect of any part of the coastal marine area, a consent authority shall not…
Section 157 — Calling of public tenders for authorisations
157 Calling of public tenders for authorisations (1) Where an Order in Council is in force in respect of any part of the coastal marine area, the Minister may, from time to time and at any time, by…
Section 158 — Requirements of tender
158 Requirements of tender (1) Every tender for an authorisation shall— (a) Specify the activity or range of activities in respect of which the authorisation is sought; and (b) [Repealed] (c) In…
Section 159 — Acceptance of tender, etc
159 Acceptance of tender, etc (1) After having regard to— (a) The interests (including the financial interests) of the Crown in the coastal marine area; and (b) The financial and other circumstances…
Section 160 — Notice of acceptance of tender
160 Notice of acceptance of tender (1) Every tender accepted in accordance with section 159 shall be by written notice of acceptance given by the Minister to the successful tenderer. (2) At the same…
Section 161 — Grant of authorisation
161 Grant of authorisation (1) Where the Minister gives notice of acceptance of a tender under section 160 or enters into an agreement satisfactory to the Minister under section 159(1)(e) , the…
Section 162 — Authorisation not to confer right to coastal permit, etc
162 Authorisation not to confer right to coastal permit, etc (1) The granting of an authorisation under section 161 shall not confer any right to the grant of a coastal permit in respect of the area…
Section 163 — Authorisation transferable
163 Authorisation transferable Every authorisation may be transferred by its holder to any other person, but the transfer shall not take effect until written notice of it has been given to and…
Section 164 — Authorisation to lapse in certain circumstances
164 Authorisation to lapse in certain circumstances (1) Subject to subsection (2) , an authorisation shall lapse unless, within 2 years after it was granted, its holder has obtained a coastal permit…
Section 165 — Tender money
165 Tender money (1) Where a person to whom an authorisation has been granted forwarded an initial payment to the Minister pursuant to section 158(2) , the money shall be the property of the Crown,…
Section 165A — Interpretation
165A Interpretation In this subpart and subpart 2, unless the context otherwise requires,— aquaculture agreement has the same meaning as in section 186ZD of the Fisheries Act 1996 authorisation means…
Section 165ZA — Adoption of request or part of request for change, and combining requests
165ZA Adoption of request or part of request for change, and combining requests (1) When considering a request under clause 25 of Schedule 1, the regional council may adopt a request or part of a…
Section 165AB — Establishment of aquaculture management areas
165AB Establishment of aquaculture management areas An area may be established as an aquaculture management area only in the following ways: (a) by being included in a regional coastal plan or…
Section 165B — Power of consent authorities to refuse to receive applications for coastal permits
165B Power of consent authorities to refuse to receive applications for coastal permits For the purposes of this subpart, a consent authority may refuse to receive an application for a coastal permit…
Section 165BB — Some applications for coastal permits must be cancelled
165BB Some applications for coastal permits must be cancelled A consent authority must cancel an application for a coastal permit for the occupation of space in the coastal marine area for the…
Section 165ZB — Acceptance of request or part of request for change
165ZB Acceptance of request or part of request for change (1) If the regional council accepts the request under clause 25(2)(b) of Schedule 1, the council must specify that the person or persons who…
Section 165BC — Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan
165BC Certain applications not to be processed or determined until aquaculture management area established in regional coastal plan (1) This section applies to applications for coastal permits for…
Section 165C — Provisions about aquaculture management areas
165C Provisions about aquaculture management areas (1) A regional coastal plan or proposed regional coastal plan— (a) may provide for 1 or more aquaculture management areas in a coastal marine area;…
Section 165ZC — Regional council to notify chief executive of acceptance or adoption of request
165ZC Regional council to notify chief executive of acceptance or adoption of request As soon as practicable after accepting or adopting a request under clause 25 of Schedule 1, the regional council…
Section 165D — Provisions about occupation of coastal marine area
165D Provisions about occupation of coastal marine area (1) This section applies only in relation to areas in a coastal marine area that are not aquaculture management areas. (2) A regional coastal…
Section 165ZD — Notification of change
165ZD Notification of change When a change is notified under clause 5 or clause 26 of Schedule 1, the regional council must also include in the notice— (a) the name of the person who requested the…
Section 165E — Offer of authorisations for available space in aquaculture management area
165E Offer of authorisations for available space in aquaculture management area (1) If a regional coastal plan provides for an aquaculture management area, the regional council may, by public notice,…
Section 165ZE — Rejection of request for change
165ZE Rejection of request for change The regional council may reject a request for a change if— (a) clause 25(4)(a) , (b) , (c) , or (d) of Schedule 1 applies; or (b) the regional council is…