Resource Management Act Call-in

This is an overview of the Minister of Conservation’s statutory coastal management roles, ownership functions, call-in and intervention powers.

Representing the Crown as landowner

The Foreshore and Seabed Act says the Minister of Conservation has “all the functions, duties, and powers of the Crown as owner of the public foreshore and seabed.” Allocation of coastal space is largely delegated to regional councils, but the Minister can intervene in council decisions on allocation and overturn them or impose conditions. The Minister can also tender areas for occupation or for the extraction of sand, shingle, shell and other natural materials. The Crown has no legal mechanism for collecting rent for occupation of public foreshore and seabed, but can collect rent or royalties for the extraction of sand, shingle etc. Regional councils can charge for coastal occupation but few have done so due to administrative challenges.

Setting national coastal resource management policy

The Minister is responsible under the Resource Management Act (RMA) for preparing the New Zealand Coastal Policy Statement (NZCPS), a national policy statement on the coastal environment.

Approving Regional Coastal Plans

Regional Coastal Plans, and any changes to them, require the Minister’s approval.

Participating in significant coastal resource consent decisions

The Minister retains the right to be notified, to make a submission and to appoint a member of the hearing committee that will make the decision on resource consent applications for Restricted Coastal Activities. The Minister has the power to use any of the RMA intervention powers, including “call in” of resource consent applications in the coastal marine area.

The new Environmental Protection Agency (EPA) administers matters that are considered to be of national significance in terms of RMA s.141B. The EPA makes a recommendation to the Minister of Conservation where a matter applies in the coastal marine area (cma), or jointly to the Minister for the Environment where a matter crosses the land cma boundary.

Further information is available at www.epa.govt.nz

Monitoring

The Minister is responsible for monitoring the effect and implementation of the NZCPS, and of coastal permits granted by the Minister (i.e. permits for Restricted Coastal Activities).

Administering title to foreshore and seabed

The Minister has responsibilities under the FSA for administering title in foreshore and seabed land. These include preserving specified interests – e.g. leases, licenses – and cancelling certificates of title to foreshore and seabed where necessary. The Minister is also responsible for considering local authority applications for redress for local authority land vested in the Crown under the FSA.

Approving and vesting reclamations

The Minister has power under the FSA to vest interests (short of fee simple title) to land reclaimed from public foreshore and seabed, and is responsible for approving survey plans for reclamations where the Minister was the consent authority for the reclamation.

Acting as the planning and consent authority for offshore islands

The Minister is the planning and consent authority for the coastal marine areas of the Kermadec, Snares, Bounty, Antipodes and Auckland Islands, and for Campbell Island and islands nearby.

Ability to impose controls in relation to customary rights

Where customary rights to foreshore and seabed are recognised under the FSA, the Minister can restrict public access to protect waahi tapu sites and advise on any limitations required on the exercise of customary rights orders.

Relationship with the Environmental Protection Agency (EPA)

The Environmental Protection Authority receives matters lodged under RMA s.145; and makes recommendations to the relevant Minister on whether or not to use the call-in powers. The ‘relevant Minister’ is the Minister for the Environment if the matter is above mean high water springs, the Minister of Conservation if below mean high water springs, and both Ministers if the matter is across both land and the cma.
 
Matters that may be lodged with the EPA:

1. A person may lodge:
   • an application for a resource consent
   • a request for the preparation of a regional plan (other than a regional coastal plan)
   • a request for a change to a plan
2. The holder of a resource consent may lodge an application for a change to or cancellation of the conditions of the resource consent with the EPA.
3. A requiring authority may lodge a notice of requirement for a designation or to alter a designation with the EPA
4. A heritage protection authority may lodge a notice of requirement for a heritage order or to alter a heritage order with the EPA.

Matters currently lodged with the EPA who will recommend to the Minister of Conservation are:

(none presently in the coastal marine area)

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