Marine and Coastal Area (Takutai Moana) Act 2011

Accommodated activities

63 Interpretation

In this section and in sections 64 and 65,—

accommodated activities are activities that are—

(a)

expressly excluded under section 64(1) from the exercise of an RMA permission right or a conservation permission right by a customary marine title group; and

(b)

within the scope of the activities provided for by section 64(1)

accommodated infrastructure means infrastructure (including structures and associated operations) that is—

(a)

lawfully established; and

(b)

owned, operated, or carried out by 1 or more of the following:

(i)

the Crown, including a Crown entity:

(ii)

a local authority or a council-controlled organisation:

(iii)

a network utility operator (within the meaning of section 166 of the Resource Management Act 1991):

(iv)

an electricity generator (as defined in section 2(1) of the Electricity Act 1992):

(v)

a port company (as defined in section 2(1) of the Port Companies Act 1988):

(vi)

a port operator (as defined in Part 3A of the Maritime Transport Act 1994):

(c)

reasonably necessary for—

(i)

the national social or economic well-being; or

(ii)

the social or economic well-being of the region in which the infrastructure is located

associated operations means activities that are necessary for the functioning of an accommodated infrastructure, including—

(a)

an activity carried out under a resource consent granted under the Resource Management Act 1991 to permit existing accommodated infrastructure to continue in the same location; and

(b)

maintenance, remedial, and restoration work; and

(c)

the upgrading of existing infrastructure, but only if the effects on the environment of the upgraded infrastructure, assessed at the date when an application is made to upgrade the existing infrastructure, are to be the same or similar in character, intensity, and scale as the effects of the infrastructure that is being upgraded; and

(d)

the replacement of a part of existing infrastructure by a new part of the same or similar nature; and

(e)

the relocation of existing infrastructure, if—

(i)

that is necessary for the continuing operation of the infrastructure; and

(ii)

the effects on the environment of the new location, assessed at the date when an application is made to relocate the existing infrastructure, are the same or similar in character, intensity, and scale as the effects of the infrastructure in its previous location; and

(f)

dredging as part of the ongoing operation of a port

Crown agent has the meaning given in section 10(1) of the Crown Entities Act 2004

deemed accommodated activities are the activities described in section 65

emergency activity

(a)

means an activity undertaken in a customary marine title area to prevent, remove, or reduce—

(i)

an actual or imminent danger to human health or safety; or

(ii)

a danger to the environment or property so significant that immediate action is required; and

(b)

includes all necessary coastal protection work undertaken in a customary marine title area by a local authority or Crown agency; and

(c)

includes any activity authorised by an enactment for the purpose of preventing any of the matters referred to in paragraph (a), including an activity in relation to—

(i)

a state of emergency declared under the Civil Defence Emergency Management Act 2002; or

(ii)

a biosecurity emergency declared under section 144 of the Biosecurity Act 1993; or

(iii)

an emergency or a special emergency declared under section 49B or 136 of the Hazardous Substances and New Organisms Act 1996; or

(iv)

a marine oil spill response under the Maritime Transport Act 1994; or

(v)

an emergency within the meaning of section 6 of the Fire and Emergency New Zealand Act 2017; or

(vi)

emergency works described in section 330 of the Resource Management Act 1991

existing, in relation to an activity, means an activity for which, before the effective date, any necessary resource consents have been granted, whether or not any or all of them have been given effect to before the effective date.

Section 63 accommodated infrastructure paragraph (b)(vi): replaced, on 23 October 2013, by section 90 of the Maritime Transport Amendment Act 2013 (2013 No 84).

Section 63 emergency activity paragraph (c)(v): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).