Resource Management Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 165F — Offer of authorisations for activities other than aquaculture activities
165F Offer of authorisations for activities other than aquaculture activities A regional council may, by. public notice and in accordance with its regional coastal plan, offer authorisations for…
Section 165ZF — Allocation of authorisations from privately initiated changes
165ZF Allocation of authorisations from privately initiated changes (1) This section applies if an aquaculture management area has been included in a regional coastal plan or proposed regional…
Section 165G — Chief executive to be notified of proposed allocation
165G Chief executive to be notified of proposed allocation (1) This section applies only in relation to space that is the subject of a reservation relating to commercial fishing. (2) A regional…
Section 165ZG — Application
165ZG Application (1) This subpart applies— (a) only to applications and coastal permits for aquaculture activities, that relate to an aquaculture management area; and (b) in relation to such…
Section 165H — Plan may specify allocation methods
165H Plan may specify allocation methods A regional coastal plan or proposed regional coastal plan may provide for a rule in relation to a method of allocating space vested in the Crown or a regional…
Section 165ZH — Processing applications for existing permit holders
165ZH Processing applications for existing permit holders (1) This section applies if— (a) a person holds— (i) a deemed coastal permit under section 10 or 20 or 21 of the Aquaculture Reform (Repeals…
Section 165I — Duty to adopt most efficient and effective allocation mechanism
165I Duty to adopt most efficient and effective allocation mechanism (1) Before adopting a rule in relation to the method of allocation of space in a coastal marine area, other than as provided for…
Section 165ZI — Applications for space already used for aquaculture activities
165ZI Applications for space already used for aquaculture activities (1) This section applies to an application for a coastal permit to carry out aquaculture activities if— (a) the application…
Section 165J — Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing
165J Allocation of space in aquaculture management area for aquaculture activities subject to reservation relating to commercial fishing (1) This section applies to an aquaculture management area to…
Section 165ZJ — Additional criteria for considering applications for permits for space already used for aquaculture activities
165ZJ Additional criteria for considering applications for permits for space already used for aquaculture activities (1) When considering an application to which section 165ZH(2) or section 165ZI(7)…
Section 165K — Applications not to be made or granted unless applicant holds authorisation
165K Applications not to be made or granted unless applicant holds authorisation (1) Subsection (2) applies to space in the coastal marine area if— (a) the space is available space and a regional…
Section 165L — Authorisation not to confer right to coastal permit
165L Authorisation not to confer right to coastal permit (1) The granting of an authorisation does not confer any right to the grant of a coastal permit in respect of the space that the authorisation…
Section 165M — Authorisation transferable
165M Authorisation transferable An authorisation or any part of it may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been…
Section 165N — Authorisation lapses in certain circumstances
165N Authorisation lapses in certain circumstances (1) An authorisation lapses at the close of 2 years after the day on which it is granted unless subsection (3) applies. (2) Subsection (3) applies…
Section 165O — 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…
Section 165P — Public notice of offer of authorisations
165P Public notice of offer of authorisations (1) A notice given under section 165E(1) or section 165F must— (a) specify the range of activities that the authorisation will apply to after it is…
Section 165Q — Requirements for offers
165Q Requirements for offers (1) An offer for an authorisation must specify— (a) the activity or range of activities in respect of which the authorisation is sought; and (b) the site it applies to.…
Section 165R — Preferential rights of iwi
165R Preferential rights of iwi (1) In conducting a tender of authorisations under this Part, a regional council must give effect to any preferential right to purchase a proportion of the…
Section 165S — Acceptance of offer
165S Acceptance of offer (1) After considering the offers in accordance with the criteria specified under section 165P , the regional council may— (a) accept any offer; or (b) reject all offers; or…
Section 165T — Grant of authorisation
165T Grant of authorisation If the regional council accepts an offer or reaches an agreement with a person who made an offer under section 165S , the regional council must grant an authorisation to…
Section 165U — Tender money
165U Tender money (1) If the holder of an authorisation obtains a coastal permit authorising the holder to undertake an activity in respect of which the authorisation was granted, the regional…
Section 165V — Use of tender money
165V Use of tender money The regional council must apply its share of the remuneration to achieving the purpose of this Act in the coastal marine area in its region. Part 7A (comprising sections 165A…
Section 165W — Excluded areas
165W Excluded areas (1) A regional council may, by public notice, identify areas in the coastal marine area in its region as excluded areas. (2) Before identifying an excluded area, the regional…
Section 165X — Aquaculture management areas may not be established in excluded areas as result of requests for changes
165X Aquaculture management areas may not be established in excluded areas as result of requests for changes A regional council must not seek nor accept, under this subpart, a request for a change to…
Section 165Y — Request for change may be made only in response to regional council seeking requests
165Y Request for change may be made only in response to regional council seeking requests A person may not make a request for change under this subpart except in response to a regional council…
Section 165Z — Invitation to request change to regional coastal plan or proposed regional coastal plan
165Z Invitation to request change to regional coastal plan or proposed regional coastal plan (1) A regional council may, by public notice, invite any person to request a change to a regional coastal…
Section 166 — Meaning of designation , network utility operator , and requiring authority
166 Meaning of designation , network utility operator , and requiring authority In this Act— Designation means a provision made in a district plan to give effect to a requirement made by a requiring…
Section 167 — Application to become requiring authority
167 Application to become requiring authority (1) A network utility operator may apply to the Minister in the prescribed form for approval as a requiring authority. (2) The Minister may make such…
Section 168 — Notice of requirement to territorial authority
168 Notice of requirement to territorial authority (1) A Minister of the Crown who, or a local authority which, has financial responsibility for a public work, may at any time give notice in the…
Section 168A — Notice of requirement by territorial authority
168A Notice of requirement by territorial authority (1) When a territorial authority proposes to issue notice of a requirement for a designation— (a) For a public work within its district and for…
Section 169 — Further information, public notification, submissions, and hearing
169 Further information, public notification, submissions, and hearing (1) Subject to section 170 , sections 92 , 92A , 92B , and 95 to 103 apply with all necessary modifications in respect of a…
Section 170 — Discretion to include requirement in proposed plan
170 Discretion to include requirement in proposed plan If a territorial authority is given notice of a requirement under section 168 , and proposes to publicly notify a proposed plan under clause 5…
Section 171 — Recommendation by territorial authority
171 Recommendation by territorial authority (1) When considering a requirement and any submissions received, a territorial authority must, subject to Part 2 , consider the effects on the environment…
Section 172 — Decision of requiring authority
172 Decision of requiring authority (1) Within 30 working days of the day on which it receives a territorial authority's recommendation under section 171 , a requiring authority shall advise the…
Section 173 — Notification of decision on designation
173 Notification of decision on designation (1) A territorial authority must ensure that, within 15 working days after a decision is made by a requiring authority under section 172 , a notice of…
Section 174 — Appeals
174 Appeals (1) Any one or more of the following persons may appeal to the Environment Court in accordance with this section against the whole or any part of a decision of a requiring authority under…
Section 175 — Designation to be provided for in district plan
175 Designation to be provided for in district plan (1) Where— (a) No appeal is lodged against a decision of a requiring authority under section 172 within the time permitted by that section; or (b)…
Section 176 — Effect of designation
176 Effect of designation (1) If a designation is included in a district plan, then— (a) section 9(1) does not apply to a public work or project or work undertaken by a requiring authority under the…
Section 176A — Outline plan
176A Outline plan (1) Subject to subsection (2) , an outline plan of the public work, project, or work to be constructed on designated land must be submitted by the requiring authority to the…
Section 177 — Land subject to existing designation or heritage order
177 Land subject to existing designation or heritage order (1) Subject to sections 9(3) and 11 to 15 , where a designation is included in a district plan, and the land that is the subject of the…
Section 178 — Interim effect of requirement
178 Interim effect of requirement (1) Where, under section 168 or section 168A or clause 4 of Schedule 1, a requiring authority has given notice of a requirement for a designation for a public work…
Section 179 — Appeals relating to sections 176 to 178
179 Appeals relating to sections 176 to 178 (1) Any person who has been refused consent by a requiring authority under section 176(1)(b) or section 177(2) or section 178(1) , or who has been granted…
Section 180 — Transfer of rights and responsibilities for designations
180 Transfer of rights and responsibilities for designations (1) Where the financial responsibility for a project or work or network utility operation is transferred from one requiring authority to…
Section 181 — Alteration of designation
181 Alteration of designation (1) A requiring authority that is responsible for a designation may at any time give notice to the territorial authority of its requirement to alter the designation. (2)…
Section 182 — Removal of designation
182 Removal of designation (1) If a requiring authority no longer wants a designation or part of a designation, it shall give notice in the prescribed form to— (a) The territorial authority…
Section 183 — Review of designation which has not lapsed
183 Review of designation which has not lapsed [Repealed] Section 183 was repealed, as from 7 July 1993, by section 97 Resource Management Amendment Act 1993 (1993 No 65).
Section 184 — Lapsing of designations which have not been given effect to
184 Lapsing of designations which have not been given effect to (1) A designation lapses on the expiry of 5 years after the date on which it is included in the district plan unless— (a) It is given…
Section 184A — Lapsing of designations of territorial authority in its own district
184A Lapsing of designations of territorial authority in its own district (1) Section 184 shall not apply to a designation of a territorial authority in its own district. (2) A designation of a…
Section 185 — Environment Court may order taking of land
185 Environment Court may order taking of land (1) An owner of an estate or interest in land (including a leasehold estate or interest) that is subject to a designation or requirement under this Part…
Section 186 — Compulsory acquisition powers
186 Compulsory acquisition powers (1) A network utility operator that is a requiring authority may apply to the Minister of Lands to have land required for a project or work acquired or taken under…