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Auckland Regional Plan: Coastal

Coastal occupation charging

Proposed plan change to the Auckland Regional Plan: Coastal

The ARC has notified a plan change to the Auckland Regional Plan: Coastal (ARP:C), relating to Coastal Occupation Charging. This page provides a brief overview of the proposed plan change, the anticipated timeline, and some relevant background information. This page will be updated and more information will be provided as the plan change process proceeds.

On this page:

Why is a plan change proposed?

  • The Resource Management Act sets a deadline of the 30 June 2007, after which any change to a coastal plan must either include a statement to not introduce or introduce a coastal occupation charging regime.
  • The proposed change states: "the ARC has resolved, at this time, to not introduce a coastal occupation charging regime".
  • The ARC supports a charging regime for occupation of the coastal marine area but will not develop a regime at this time.

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How significant is the proposed plan change?

Proposed Change amends the Auckland Regional Plan: Coastal by inserting references that ARC is not introducing a Coastal Occupation Charging regime at this time into:

  • Chapter 1 - Introduction
  • Chapter 10 - General
  • Chapter 41 - Administration

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What is the expected timeframe for the proposed plan change?

  • Coastal Occupation Charging Plan Change was notified on 4 July 2007
  • Closing date for submissions was 15 August 2007 - 30 working days
  • Further submissions notified on 5 September 2007
  • Further submissions closed on 3 October 2007 - 20 working days
  • On 4th June 2009 under section 37 of the Resource Management Act the ARC extended the time frame for making a decision on the Plan Change for up to 2 years, while Government is clarifying relevant legal and policy -issues.
  • Hearings of submissions/further submissions
  • Decisions Released
  • Appeal Period

Does ARC support Coastal Occupation Charging?

The ARC supports introducing a Coastal Occupation charging regime, just not at this time. In March 2007, ARC Regional Policy and Strategy Committee resolved that:

"....

b) That the ARC reconfirms its support for the development of a coastal occupation charging regime, but accepts that due to current legal and policy difficulties a sound regime can not be progressed at this time.

c) That the ARC promotes a change to the Auckland Regional Plan: Coastal stating it will not, at this time, introduce a coastal occupation charging regime.

d) That the proposed plan change and supporting documentation be reported to the June 2007 Regional Strategy and Planning Committee for its approval.

e) That once the current legal and policy issues over developing and implementing a coastal charging regime have been resolved, officers report back within six months to this Committee, with options for developing a regime for Auckland's coastal marine area."

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Where can I view the summary of submissions?

The summary of submissions is available as a PDF here:

Where can I view the original submissions?

The original submissions in full are available as a PDF here:

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What is Coastal Occupation Charging?

The majority of the Coastal marine area is publicly owned and held by the Crown on behalf of the people of New Zealand. There is a long held expectation that the public have free use and enjoyment of, and access to and along, most of the marine area. This was recently confirmed in the Foreshore and Seabed Act 2004.

Two key principles underpin coastal occupation charging

  • Private occupation of public space is a privilege and not a right.
    Any person that obtains a private benefit from a public resource should be required to pay some form of consideration to recompense the public for the resulting loss of public use and enjoyment.
  • Coastal occupation charging can be charged against any person who occupies public space within the coastal marine area. Coastal Occupation charges can apply to such activities as wharves, jetties, moorings, marinas, boat ramps, boat sheds, cables, pipes and marine farms (i.e. those activities that occupy with a degree of permanence or exclusivity).

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Where can I view the plan change?

The Change is 3 pages long and is also available as a PDF here:

Alternatively you can request a copy of the Proposed Plan Change 2 by phoning 09 366 2000 (select option 1) or emailing planinfo@arc.govt.nz

Where can I access the section 32?

The Section 32 is available as a PDF here:

Alternatively you can request a copy of the Section 32 report for Proposed Plan Change 2 by phoning 09 366 2000 (select option 1) or emailing planinfo@arc.govt.nz

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Why was the time frame to make a decision extended?

Reasons for extending the time frame for making a decision on Proposed Plan Change 2 were summarised in the General Managers report to the 3rd June 2009 meeting of the ARC's Regional Strategy and Planning Committee.  You can see a PDF copy of the relevant excerpt here:

Report to 3rd June 2009 RSP Committee (10.7 KB PDF)

Where is there more information?

The Committees of the ARC have received a number of reports on the issue of coastal occupation charging. Please email planinfo@arc.govt.nz if you require further information.

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