Marine and Coastal Area (Takutai Moana) Act 2011

  • This version was replaced on 16 January 2019 to make a correction to section 23(3) under section 25(1)(j)(iv) of the Legislation Act 2012
55 Effect of protected customary rights on resource consent applications

(1)

This section applies if an application for a resource consent for an activity to be undertaken wholly or in part within a protected customary rights area is lodged on or after the date that—

(a)

a protected customary rights agreement comes into effect under section 96(1)(a); or

(b)

a protected customary rights order is sealed in accordance with section 113.

(2)

A consent authority must not grant a resource consent for an activity (including a controlled activity) to be carried out in a protected customary rights area if the activity will, or is likely to, have adverse effects that are more than minor on the exercise of a protected customary right, unless—

(a)

the relevant protected customary rights group gives its written approval for the proposed activity; or

(b)

the activity is one to which subsection (3) applies.

(3)

The existence of a protected customary right does not limit or otherwise affect the grant of—

(a)

a coastal permit 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; and

(ii)

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

(b)

a resource consent under section 330A of the Resource Management Act 1991 for an emergency activity (within the meaning of section 63) undertaken in accordance with section 330 of that Act, as if the emergency activity were an emergency work to which section 330 applies; or

(c)

a resource consent for an existing accommodated infrastructure (within the meaning of section 63) if any adverse effects of the proposed activity on the exercise of a protected customary right will be or are likely to be—

(i)

the same or similar in character, intensity, and scale as those that existed before the application for the resource consent was lodged; or

(ii)

if more than minor or temporary in nature; or

(d)

a resource consent for a deemed accommodated activity (within the meaning of section 65(1)(b)(i)).

(4)

In the case where a deemed accommodated activity within the meaning of section 65(1)(b)(i) applies, the consent authority must, when considering applications for a resource consent relating to that activity, have particular regard to the nature of the protected customary right.

(5)

The provisions of Part 1 of Schedule 1 apply for the purposes of subsections (2) and (3).