Marine and Coastal Area (Takutai Moana) Act 2011

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64 Accommodated activities

(1)

An accommodated activity—

(a)

may be carried out in a part of the common marine and coastal area despite customary marine title being recognised in respect of that part under subpart 1 or 2 of Part 4; and

(b)

is not limited or otherwise affected by the exercise of an RMA permission right or a conservation permission right; but

(c)

does not limit or otherwise affect the exercise of any other right referred to in section 62(1).

(2)

For the purposes of this subpart, accommodated activity means any of the following activities, to the extent that they are within a customary marine title area:

(a)

an activity authorised under a resource consent, whenever granted, if the application for the consent is first accepted by the consent authority before the effective date:

(b)

an activity that may be carried out under a resource consent, whenever granted, for a minimum impact activity (as defined in section 2(1) of the Crown Minerals Act 1991) relating to petroleum (as defined in section 2(1) of that Act):

(c)

accommodated infrastructure:

(d)

the management activities for which a resource consent is required in relation to—

(i)

an existing marine reserve:

(ii)

an existing wildlife sanctuary:

(iii)

an existing marine mammal sanctuary:

(iv)

an existing concession:

(e)

an activity carried out under a coastal permit granted under the Resource Management Act 1991 to permit existing aquaculture activities to continue to be carried out in a specified part of the common marine and coastal area,—

(i)

regardless of when the application is lodged or whether there is any change in the species farmed or in the method of marine farming; but

(ii)

provided that there is no increase in the area, or change of location, of the coastal space occupied by the aquaculture activities for which the existing coastal permit was granted:

(f)

an emergency activity:

(g)

scientific research or monitoring that is undertaken or funded by—

(i)

the Crown:

(ii)

any Crown agent:

(iii)

the regional council with statutory functions in the region where the research or monitoring is to take place:

(h)

a deemed accommodated activity.

(3)

Subsection (4) applies if, in relation to whether an activity is an accommodated activity, there is a dispute between—

(a)

a customary marine title group; and

(b)

the person who owns, operates, or carries out the activity that is the subject of the dispute.

(4)

Either party to the dispute may refer the dispute to the Minister for Land Information for resolution.

(5)

The decision of the Minister is final.