Restrictions on use of the coastal marine area

Section 12 of the Resource Management Act, 1991

Section 12 of the Act applies to activities in the coastal marine area. The coastal marine area is all the land and water on the seaward side of the line of mean high water springs out to a distance of 12 nautical miles. Twelve nautical miles is 22.2 kilometres. The line of mean high water springs is the average of the high tides that happen just after every new moon and every full moon. You can often recognise it by a line of seaweed and driftwood on the beach.

The coastal marine area also extends up rivers for a distance of one kilometre or five times the width of the river, whichever is less. The coastal marine area boundaries for major rivers in the Region are defined in maps in both the Regional Coastal Plan and the Regional Freshwater Plan. District plans do not apply to activities in the coastal marine area.

The presumption subsections 12 (1) and (2) is restrictive. This means that you must get a resource consent to do any of the activities described in these subsections unless they are specifically allowed by a regional rule.

The presumption of subsection 12 (3) is permissive. This means that you can do anything described in section 12 (3) as of right, unless it is specifically restricted by a regional rule.

We have grouped our regional rules into the sorts of restrictions that are described in Section 12 of the Act. Under section 12 (1) these restrictions are that no person may, in the coastal marine area, -

• section 12(1)(a) Reclaim or drain any foreshore or seabed
• section 12(1)(b) Erect, reconstruct, place, alter, extend, remove, or demolish any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed
• section 12(1)(c) Disturb any foreshore or seabed (including by excavating, drilling, or tunnelling) in a manner that has or is likely to have an adverse effect on the foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal)
• section 12(1)(d) Deposit in, on, or under any foreshore or seabed any substance in a manner that has or is likely to have an adverse effect on the foreshore or seabed
• section 12(1)(e) Destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on plants or animals or their habitat
• section 12(1)(f) Introduce or plant any exotic or introduced plant in, on, or under the foreshore or seabed
• section 12(1)(g) Destroy, damage, or disturb any foreshore or seabed (other than for the purpose of lawfully harvesting any plant or animal) in a manner that has or is likely to have an adverse effect on historic heritage

Restrictions under section 12 (2) of the Act are that no person may, in relation to land of the Crown in the coastal marine area, or land in the coastal marine area vested in the regional council

• section 12(2)(a) Occupy any part of the coastal marine area
• section 12(2)(b) Remove any sand, shingle, shell, or other natural material from the land

Restrictions under section 12 (3) of the Act

• section 12(3) other activities in the coastal marine area not specified above.

Click on the links below to read the regional rules that have been adopted for each of these sections.

Discharges of contaminants, or water, to water in the coastal marine area are restricted by section 15 of the Resource Management Act.

Restricted activities in the coastal marine area

Reclamations or drainage of the foreshore or seabed
Structures in, on, under or over the foreshore or seabed
Disturbing the foreshore or seabed, and destruction, damage or disturbance of any foreshore or seabed
Deposition in, on, or under the foreshore or seabed
Destruction, damage, or disturbance of the foreshore or seabed
Introduction or planting any exotic or introduced plant in, on, or under the foreshore or seabed
Occupation of land of the Crown, or land in the coastal marine area vested in the regional council
Removal of any sand, shingle, shell, or other natural material from land of the Crown, or land in the coastal marine area vested in the regional council
Other activities in, on, under or over any coastal marine area not specified