Benson-Pope David: Resource Management (Aquaculture Moratorium Extension) Amendment Bill — Second Reading 
Benson-Pope David: Resource Management (Aquaculture Moratorium Extension) Amendment Bill — Second Reading 
[Volume:615;Page:11596] 
Hon DAVID BENSON-POPE (Minister of Fisheries) 
: 
 I move  
That the Resource Management (Aquaculture Moratorium Extension) Amendment Bill be now read a second time 
. The purpose of this bill is to amend the Resource Management (Aquaculture Moratorium) Amendment Act 2002 to extend the moratorium on new applications for aquaculture activities in New Zealand’s coastal marine area until 31 December 2004. Further clauses relate to the time constraints on the Department of Conservation in relation to the early expiry of the moratorium over specified areas and to reviving those consents. 
The moratorium was introduced to enable the Government to reform the law that governs aquaculture and to enable councils to begin to plan for aquaculture under the new framework. The moratorium has ensured that councils have not been flooded with marine farm applications in a “race for space” prior to the new legislation coming into effect. An extension of the moratorium is now unavoidable due to a delay in the introduction of aquaculture reform legislation. The foreshore and seabed issue has introduced late and unexpected complications to the aquaculture policy process. Both issues concern public commercial and Maori interests in coastal space and the Government intends to deal with them in an integrated and consistent manner. The Government has striven to avoid the need for an extension to the moratorium. However the issues are profound and complex and an extension now will ensure that we can get right the legislation and the policy. That will provide certainty and a clear framework for the future and that is in the best interests of all stakeholders in the long run. 
The bill as reported back includes two important changes. I thank the Primary Production Committee for its suggested amendments to clauses 6 and 7 which significantly improve the bill. 
Clause 6 originally removed the time limit that currently applies to the Minister of Conservation when the Minister makes a recommendation about the early expiry of the moratorium. Under the Resource Management Act a council can apply to the Minister of Conservation to have the moratorium lifted in specific areas provided that the tests in the Act are met. The current time limit of 20 working-days for the Minister to make a recommendation on early expiry is insufficient to complete the Order in Council process. The bill as introduced would have replaced that time limit with a general duty to avoid all unreasonable delay. The committee agreed with submitters that there should be some time constraint and suggested 40 working-days with a possible extension of a further 40 working-days where additional information is required. That is a reasonable time frame to allow a proper assessment of a regional council’s request and the preparation of the necessary Cabinet papers. I support the recommended change. 
Clause 7 deals with a problem that has arisen as a result of the present dual permitting process for marine farming. Some coastal permits issued under the Resource Management Act for aquaculture activities have lapsed or are due to lapse while applicants obtain the necessary marine-farming permits under the Fisheries Act. To remedy that the bill deems existing coastal permits to have been given effect to for the purpose of section 125 of the Resource Management Act by the application for a Fisheries Act marine-farming or spat-catching permit. In addition the bill revives certain coastal permits for aquaculture activities that have lapsed because they were unable to be given effect to or until the required Fisheries Act marine-farming or spat-catching permits have been granted. Having those consents lapse would be unjust could cause hardship for some and could create unnecessary conflict and disruption. The effect of the bill will be to allow the fisheries permit to be decided without the coastal permit lapsing. The committee suggested changes to wording in clause 7 to make it clear that all consents for aquaculture activities in the coastal marine area are included and are able to be saved from lapsing—not just consents granted for occupation of coastal space. I agree with that. 
The Government supports this bill as amended by the select committee and currently does not intend to move amendments at the Committee stage. In summary this bill provides for some expeditious changes to the Resource Management Act to deal with the need for a limited extension to the aquaculture moratorium. It also deals with specific process problems that are being experienced by marine farmers particularly in Marlborough which arise from the current dual permitting regime.