Heatley Phil: Third Readings — 
Text is incorporated into the Bound Volume 
Heatley Phil: Third Readings — 
[Sitting date: 16 August 2011. Volume:675;Page:20948. Text is incorporated into the Bound Volume.] 
Hon PHIL HEATLEY (Minister of Fisheries and Aquaculture) 
: 
 I move  
That the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Bill the Fisheries Amendment Bill (No 2) the Maori Commercial Aquaculture Claims Settlement Amendment Bill and the Resource Management Amendment Bill (No 2) be now read a third time.  
I am delighted to propose the third readings of these bills. This legislation will enable New Zealand’s marine aquaculture industry to achieve its potential for sustainable economic growth.  
We need to take advantage of the international demand for high-quality sustainably produced products. New Zealand has the ability to meet this demand but our legislative framework needs to change. It must support growth while ensuring that environmental limits are respected and that aquaculture activities are balanced with other uses of our coastal space. Aquaculture needs only a small fraction of our coastal space but for the past decade marine farming development has been held back by moratoria and legislation that have not worked well in practice. Good spatial planning that provides for aquaculture activities in appropriate places is critical.  
The legislation simplifies planning by removing the requirement for aquaculture management areas to be established before consent applications can be made. This will put aquaculture on the same footing as other coastal activities and enable councils to plan for it in a similar way. Removing this requirement for aquaculture management areas means a return to a consent-based regime for aquaculture but with some important improvements over the pre - aquaculture management area law to help councils better manage demand.  
The Resource Management Act requires a comprehensive assessment of environmental effects as part of the consenting process and I fully endorse those provisions. The legislation will foster environmentally sustainable aquaculture development overall and will enable the farming of new higher-value species informed by research.  
The legislation balances the industry’s desire for certainty with the rights of councils and communities to decide how their coastal space is used. The legislation provides measures to enable the backlog of consent applications including those frozen under the current law to be processed. In most cases processing will be able to be resumed on the commencement of the new law.  
The legislation makes changes to the Tasman and Waikato regional coastal plans to enable applications for consent to farm a wider range of species including finfish in areas where aquaculture is already established. The legislation has been the subject of informed debate in the House so important changes were introduced by way of Supplementary Order Papers.  
In Coromandel achieving substantial growth in the industry is important. It requires a shift to higher-value species including finfish. Coromandel is not the only place where this needs to happen; there is potential for hapuku and kingfish to be commercially farmed in the Waikato region. Research indicates that this can be done within environmental limits and while maintaining a balance between aquaculture and other uses of the coastal space. This legislation provides an opportunity in this area by establishing the Coromandel marine farm zone as a site specifically for finfish species. The Government has taken a cautious approach to the management of environmental impacts. The legislation therefore provides for staged development of the zone with some particular consent conditions and careful monitoring to ensure that any unwanted impacts can be identified and addressed early on.  
At the first reading of the Aquaculture Legislation Amendment Bill (No 3) I signalled that the settlement provisions might be revised if engagement between the Crown and iwi found a better mechanism for delivering the Crown’s obligation for any new space created by commercial interests. That mechanism has been identified in Supplementary Order Paper 264 introduced on 8 August to ensure that the Crown is able to deliver through new space cash or other agreed terms. The bill now enables the settlement to be delivered through regional agreements in a way that benefits iwi aspirations and preferences. This mechanism is the outcome of a process of engagement over several months. I thank iwi leaders I thank their teams I thank the Ministry of Fisheries staff for their work and I thank the staff of Te Puni Kokiri.  
The impact of aquaculture on fishing is managed under the Fisheries Act through the process of the undue adverse effects test. That process will remain. However the legislation now provides a firmer footing and strong incentives for both parties to reach agreement. The existing Fisheries Act protections for non-quota management stocks and customary and recreational fishing remain unchanged.  
Many people and organisations have contributed to the aquaculture reforms and this legislation in particular. I thank Aquaculture New Zealand—in particular its chairman and of course its Chief Executive Mike Burrell. I really appreciate the input they have had on this. I thank members of the House particularly of the Primary Production Committee for their work on this legislation and I thank Shane Ardern for his knowledge and ability to see the difficult process through. The Aquaculture Technical Advisory Group and the more than 200 individuals and organisations who made submissions on the group’s report provided the initial framework for this legislation.  
I also mention the valued contribution made by the local authorities particularly Waikato Regional Council Hauraki District Council Thames-Coromandel District Council and Tasman District Council. I acknowledge science providers particularly the Cawthron Institute and the National Institute of Water and Atmospheric Research whose analysis and research underpins policy advice and informed decisions. Finally I particularly recognise the work of the Minister for the Environment Dr Nick Smith; the Minister of Conservation Kate Wilkinson; and the Minister of Maori Affairs Dr Pita Sharples who took particular interest in this legislation.  
This legislation provides a sound framework for the future of an important and growing industry. I am confident that this legislation gets the framework right and I look forward to an exciting future. I commend this legislation to the House.