Resource Management Amendment Act (No 2) 2011

1: Title
This Act is the Resource Management Amendment Act (No 2) 2011.
2: Commencement
1: Section 14
2: The rest of this Act comes into force on 1 October 2011.
3: Principal Act amended
This Act Resource Management Act 1991 2011-10-01 Resource Management Act 1991 Except for Section 14 which comes into force 3 years after the date on which this Act receives the Royal assent.
4: Interpretation
1: Paragraph (a) of the definition of aquaculture activities section 2(1) means means any activity described in section 12 done for the purpose of
2: The definition of aquaculture activities section 2(1) ; and
d: does not include an activity specified in paragraph (a) or (b) if the activity is carried out solely for the purpose of monitoring the environment .
3: Section 2(1) aquaculture management area
4: Section 2(1) Minister of Aquaculture Minister of Fisheries Minister .
5: Section 12A repealed
Section 12A
6: Section 12B repealed
Section 12B
7: Functions of Minister of Conservation
Section 28
f: any other functions specified in this Act.
8: New section 28B inserted
The following section is inserted after section 28A
28B: Functions of Minister of Aquaculture
The Minister of Aquaculture has the following functions under this Act:
a: suspending the receipt of applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZD
b: making a direction to process and hear together applications for coastal permits authorising aquaculture activities to be undertaken in the coastal marine area under section 165ZFA
c: recommending the making of regulations under sections 360A to 360C
9: Functions of regional councils under this Act
Section 30
2: A regional council and the Minister of Conservation must not perform the functions specified in subsection (1)(d)(i), (ii), and (vii) to control the taking, allocation or enhancement of fisheries resources for the purpose of managing fishing or fisheries resources controlled under the Fisheries Act 1996.
3: However, a regional council and the Minister of Conservation may perform the functions specified in subsection (1)(d) to control aquaculture activities for the purpose of avoiding, remedying, or mitigating the effects of aquaculture activities on fishing and fisheries resources.
10: Consideration of alternatives, benefits, and costs
Section 32(1)
ba: the Minister of Aquaculture, for regulations made under section 360A .
11: Transfer of powers
Section 33(2)(c)
12: Local authority policy on discounting administrative charges
1: Section 36AA
1: A local authority must provide a discount on an administrative charge imposed under section 36 as follows:
a: a local authority that has not adopted a policy under subsection (3) must provide a discount if regulations under section 360(1)(hj) require the local authority to provide a discount:
b: a local authority that has adopted a policy under subsection (3) must provide a discount under whichever of the policy and regulations under section 360(1)(hj) is more generous in the circumstances of the particular case.
2: Section 36AA
2A: The Minister must ensure that regulations made under section 360(1)(hj) remain in force, but this subsection does not prevent regulations made under section 360(1)(hj) (including the regulations made in compliance with subsection (2)) from being amended or from being revoked and replaced by another set of regulations made under section 360(1)(hj).
3: Section 36AA(5)
13: Power of waiver and extension of time limits
Section 37
1A: However, a consent authority must not, under subsection (1), waive or extend a time period for the purpose of providing more time for a pre-request aquaculture agreement to be negotiated under section 186ZM
14: Persons who may be given hearing authority
1: Section 39B(1)(a) that is notified
2: Section 39B(1)(c) ; or
3: Section 39B(1)
d: a review of a resource consent; or
e: an application to change or cancel a condition of a resource consent; or
f: a proposed policy statement or plan that is notified under clause 5 of Schedule 1; or
g: any matter under section 357C.
4: Section 39B
3: If the local authority wants to give authority to a group of persons that has a chairperson, it may do so only if—
a: all persons in the group, including the chairperson, are accredited; or
b: the chairperson is accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited.
4: If the local authority wants to give authority to a group of persons that does not have a chairperson, it may do so only if—
a: all the persons in the group are accredited; or
b: over half of all the persons in the group are accredited and there are exceptional circumstances that do not provide the time or opportunity to ensure that all persons in the group are accredited. 2014-09-12 Resource Management Act 1991
15: Preparation and change of coastal plans
Section 64(1) and (4) and Schedule 1A
16: Content of regional plans
Section 67(4)
17: New section 68A inserted
The following section is inserted after section 68
68A: Regional coastal plan not to authorise aquaculture activities in coastal marine area as permitted activities
1: Despite section 68, after the commencement of section 17 of the Resource Management Amendment Act (No 2) 2011
2: If, immediately before the commencement of section 17 of the Resource Management Amendment Act (No 2) 2011
a: any person may act, or continue to act, in accordance with the rule until any alteration of the rule has legal effect; but
b: a regional council must, as soon as is reasonably practicable and not later than 2 years after the commencement of section 17 of the Resource Management Amendment Act (No 2) 2011 subsection (1)
18: When rules in proposed plans and changes have legal effect
1: Section 86B(3)
e: provides for or relates to aquaculture activities.
2: Section 86B
19: Class of activities
1: Section 87A(6) a plan, or proposed plan or a plan
2: Section 87A
7: However, subsection (6) does not apply to a concurrent application lodged under subpart 4
20: Environment Court determines application
Section 87G
8: However, in the case of an application for a coastal permit for aquaculture activities, for the purposes of section 107F(3)(b) or (c)
21: Making an application
Section 88
2A: An application for a coastal permit to undertake an aquaculture activity must include a copy for the Ministry of Fisheries.
22: New section 88F inserted
The following section is inserted after section 88E
88F: Excluded time relating to pre-request aquaculture agreements
1: Subsection (2)
a: an application has been made for a coastal permit to undertake aquaculture activities in the coastal marine area; and
b: the applicant requests the consent authority to defer determining the application so that the applicant can negotiate a pre-request aquaculture agreement under section 186ZM
c: it is the first request made by the applicant for that purpose.
2: The period that must be excluded from every applicable provision listed in section 88B(2) is the period—
a: starting with the date on which the request is made; and
b: ending with the earlier of the following:
i: the 80th working day after the date on which the request is made:
ii: the date on which the applicant notifies the consent authority that the applicant wishes the consent authority to continue determining the application that the request related to.
23: Consideration of applications
1: Section 104(2A) or 165ZH(1)(c) section 124
2: Section 104(3)(c)(i) 107E,
24: Heading above section 107E repealed
The heading above section 107E
25: Section 107E repealed
Section 107E
26: New section 107F inserted
The following section is inserted before section 108
107F: Applications to undertake aquaculture activities
1: This section applies to an application for a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, other than an application referred to in subsection (2) subpart 4
2: This section does not apply to an application that relates to—
a: an area—
i: that is or was subject to a lease, licence, marine farming permit, or spat catching permit that was deemed under section 10, 20, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 to be a coastal permit granted under this Act; and
ii: where, since the date on which the lease, licence, marine farming permit, or spat catching permit was deemed to be a coastal permit, aquaculture activities have been continuously authorised under that permit or another permit granted under this Act; or
b: an area that is or was subject to the coastal permit referred to in section 20A
c: an area in a Gazetted
3: The consent authority must take the following actions:
a: unless the application is returned under section 88(3), forward a copy of the application as soon as is reasonably practicable to the chief executive of the Ministry of Fisheries:
b: if information or a report is obtained in relation to the application under section 41C, 42A, 92, or 149, forward that information or report as soon as is reasonably practicable to the chief executive:
c: if the application is notified, as soon as is reasonably practicable after the closing date for submissions, send to the chief executive a copy of the submissions received.
4: For the purposes of subsection (3)(c) subpart 4
27: Notification
Section 114
4: If the decision is to grant an application that section 107F
a: send a copy of the decision, and any notice served under subsection (2), to the chief executive of the Ministry of Fisheries:
b: advise the applicant that—
i: the decision is still subject to an aquaculture decision by the chief executive of the Ministry of Fisheries under the Fisheries Act 1996 (which will be made following the determination of all appeals against the decision, if any); and
ii: the consent may commence only in accordance with section 116A
c: if there is no appeal relating to the decision, or following completion of any such appeal,—
i: send a copy of the final decision to the chief executive of the Ministry of Fisheries; and
ii: request an aquaculture decision from the chief executive under the Fisheries Act 1996.
5: If a consent authority forwards, at the same time, 2 or more decisions to the chief executive of the Ministry of Fisheries under subsection (4)(c), the consent authority must indicate to the chief executive the order in which the applications to which the decisions relate were received.
6: Subsection (4) does not apply if the decision relates to an application for a change or cancellation of the conditions of a consent under section 127, a review of the conditions of a consent initiated under section 132, or an application referred to in section 165ZH, if—
a: that consent had conditions specified under section 186H(3) of the Fisheries Act 1996; and
b: the conditions are contained in the consent the decision relates to, and continue to be specified as not being able to be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.
7: For the purpose of subsection (4), in the case of a concurrent application made under subpart 4
a: paragraphs (a) and (b) of that subsection are to be performed by the EPA; and
b: paragraph (c) of that subsection are to be performed by the consent authority.
28: When resource consent commences
Section 116(1) or section 116A (5),
29: New section 116A inserted
The following section is inserted after section 116
116A: When coastal permit for aquaculture activities may commence
1: A coastal permit to undertake aquaculture activities in the coastal marine area cannot commence other than in accordance with this section.
2: If the chief executive of the Ministry of Fisheries makes a determination in relation to the permit, and has notified the consent authority of that decision in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as is reasonably practicable,—
a: amend the permit, if necessary, to note any conditions specified under section 186H(3) of the Fisheries Act 1996 that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision:
b: notify the applicant that the permit commences in respect of the area that is the subject of the determination, on the date of notification under this paragraph, or, if the permit specifies a later commencement date, on that date.
3: If the chief executive makes a reservation in relation to recreational fishing or customary fishing or commercial fishing in relation to stocks or species not subject to the quota management system and has notified the consent authority of that decision, in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as reasonably practicable,—
a: amend the permit to remove the areas affected by the reservation:
b: provide the applicant with a copy of the amended permit:
c: cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.
4: If the chief executive makes a reservation in relation to commercial fishing in relation to stocks or species subject to the quota management system and has notified the consent authority of that decision, in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as is reasonably practicable,—
a: amend the permit to show the areas affected by the reservation:
b: provide the applicant with a copy of the amended permit:
c: notify the applicant that the permit will not commence in the area affected by the reservation, unless—
i: an aquaculture agreement is registered in accordance with section 186ZH of the Fisheries Act 1996; or
ii: a compensation declaration has been registered under section 186ZHA
5: If subsection (4) 186ZHA
a: amend the permit so that it no longer shows the areas affected by the reservation:
b: provide the applicant with a copy of the amended permit:
c: notify the applicant that the permit (as amended) commences in respect of the area previously shown subject to the reservation on the date of notification under this paragraph, unless the permit states a later date.
6: If subsection (5) section 125(1)(b)
7: If subsection (4) applies and the chief executive has notified the consent authority under section 186ZK of the Fisheries Act 1996 that no aquaculture agreement or compensation declaration has been registered, the consent authority must, as soon is as reasonably practicable,—
a: amend the permit to remove the areas affected by the reservation:
b: provide the applicant with a copy of the amended permit:
c: cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.
8: If the chief executive makes a reservation to which subsection (3) applies, for the entire permit area, the consent authority must cancel the permit by written notice served on the applicant.
9: Subsections (3) and (7) apply even if the permit was granted under section 104A.
10: In the case of a concurrent application made under subpart 4
30: Duration of consent
Section 123 section 125 section 123A
31: New section 123A inserted
The following section is inserted after section 123
123A: Duration of consent for aquaculture activities
1: A coastal permit authorising aquaculture activities to be undertaken in the coastal marine area must specify the period for which it is granted.
2: The period specified under subsection (1) must be not less than 20 years from the date of commencement of the consent under section 116A
a: the applicant has requested a shorter period; or
b: a shorter period is required to ensure that adverse effects on the environment are adequately managed.
3: The period specified under subsection (1) must be not more than 35 years from the date of commencement of the consent under section 116A
4: This section applies subject to section 125.
32: Exercise of resource consent while applying for new consent
Section 124
4: This section does not apply to an application to which section 165ZH
33: Lapsing of consents
Section 125
1: A resource consent lapses on the date specified in the consent or, if no date is specified,—
a: 5 years after the date of commencement of the consent, if the consent does not authorise aquaculture activities to be undertaken in the coastal marine area; or
b: 3 years after the date of commencement if the consent does authorise aquaculture activities to be undertaken in the coastal marine area.
1A: However, a consent does not lapse under subsection (1) if, before the consent lapses,—
a: the consent is given effect to; or
b: an application is made to the consent authority to extend the period after which the consent lapses, and the consent authority decides to grant an extension after taking into account—
i: whether substantial progress or effort has been, and continues to be, made towards giving effect to the consent; and
ii: whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension; and
iii: the effect of the extension on the policies and objectives of any plan or proposed plan.
1B: Sections 357A and 357C to 358 apply to subsection (1A)(b).
34: Change or cancellation of consent condition on application by consent holder
Section 127
3A: If the resource consent is a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, no aquaculture decision is required in respect of the application if the application is for a change or cancellation of a condition of the consent and does not relate to a condition that has been specified under section 186H(3) of the Fisheries Act 1996 as a condition that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.
35: Circumstances when consent conditions can be reviewed
Section 128
3: A regional council must notify the chief executive of the Ministry of Fisheries as soon as is reasonably practicable if it intends to review a condition of a coastal permit authorising an aquaculture activity to be undertaken in the coastal marine area and the condition has been specified under section 186H(1A) of the Fisheries Act 1996 as a condition that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision.
36: Decisions on review of consent conditions
Section 132
1A: Sections 114(4) and 116A section 128(3)
37: Matter lodged with EPA
1: Section 145
1A: A person must not lodge with the EPA a plan change request made under subpart 4
2: Section 145
9A: If the matter is a concurrent application lodged with a plan change request made under subpart 4 section 107F(3)
38: EPA to recommend course of action to Minister
Section 146
5: This section applies to plan change requests and concurrent applications made under subpart 4
a: the 20 working days referred to in subsection (1) begins on the later of the following days:
i: the day on which the EPA determines that, for the purposes of section 88(3), the concurrent application is complete:
ii: the day on which the EPA receives all the information and reports required under section 149:
b: any recommendation made by the EPA under this section must relate to both the plan change request and its concurrent application.
39: Minister makes direction after EPA recommendation
Section 147
7: For the purposes of a plan change request made, and a concurrent application lodged, under subpart 4
40: EPA must give public notice of Minister's direction
1: Section 149C(2)(d) ; or
2: Section 149C(2)
e: the matter is a concurrent application made under subpart 4
41: EPA to receive further submissions if matter is request, change, or variation
1: Section 149F
4: However, a further submission—
a: may only be in support of or in opposition to a submission made on a matter under section 149E:
b: may not be made on a concurrent application made under subpart 4
2: Section 149F
8: In subsection (1), request for a change to a plan subpart 4
42: Limitation on withdrawal of change or variation
Section 149I
3: If the applicant withdraws a request for a change to the plan that is a plan change request made under subpart 4
43: Process if matter is request for regional plan or change and particular circumstances apply
Section 149M
4A: For the purposes of subsection (4)(c), in the case of a plan change request made under subpart 4
a: must be included in the public notice and invitation to make submissions; but
b: must not be included in the invitation to make further submissions.
44: Board to produce final report
Section 149R
7: The EPA's functions under this section are in addition to the EPA's functions under section 114(7)(a).
45: Process if section 149M applies or proposed plan or change not yet prepared
1: Section 149N(4) subsection (9) subsection (8)(b)
2: Section 149N
8: However, a rule has legal effect on and from the date on which the EPA gives public notice of—
a: the proposed plan or change under section 149O if the rule—
i: protects or relates to water, air, or soil (for soil conservation); or
ii: protects areas of significant indigenous vegetation; or
iii: protects areas of significant habitats of indigenous fauna; or
iv: protects historic heritage:
b: the proposed plan under section 149O if the rule provides for or relates to aquaculture activities.
46: Public notice and submissions where EPA receives proposed plan or change from local authority under section 149N
Section 149O
3: Any person may make a submission on—
a: a proposed plan or change for which public notice is given under subsection (2), and, for that purpose, section 149E(3), (4), and (8) apply:
b: a concurrent application for which public notice is given under subsection (2), and, for that purpose, section 149E(5) applies.
47: Consideration of matter by board
1: Section 149P(1)(c) or (7), (7), (8), or (9)
2: Section 149P
8: A board of inquiry considering a plan change request and its concurrent application made under subpart 4
a: firstly, determine matters in relation to the plan change request; and
b: secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the plan change request.
9: For the purposes of subsection (8)(b) section 165ZW
10: A board of inquiry must decline a concurrent application if, as a result of the board's determination on the plan change request, the aquaculture activity that the concurrent application relates to remains a prohibited activity.
48: Heading to Part 7A amended
The heading to Part 7A coastal marine area common marine and coastal area
49: New subpart 1 of Part 7A substituted
Part 7A
165A: Overview
1: This section provides a general indication of the contents of this subpart and does not affect the interpretation or application of this subpart.
2: Subpart 1
a: a power to refuse to receive an application for a coastal permit to occupy the common marine and coastal area if made within 1 year after refusing a similar application:
b: provisions about the contents of a regional coastal plan:
c: requirements for a regional council (before including a rule in a regional coastal plan or proposed regional coastal plan about the allocation of space in the common marine and coastal area) to have regard to, and be satisfied about, certain matters:
d: a power by Order in Council to direct a regional council not to proceed with the allocation of authorisations or to proceed as specified in the order:
e: a power of the Minister of Conservation to approve a method of allocating authorisations:
f: general provisions about authorisations:
g: a power of the Minister of Aquaculture, on request from a regional council, to suspend receipt of applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities or to direct a regional council to process and hear applications together.
3: Subpart 2 has been repealed.
4: Subpart 3 relates to applications (made on or after 23 August 2004) for coastal permits to occupy space for aquaculture activities where the relevant space is already subject to a coastal permit or deemed coastal permit and the relevant plan does not provide for a method of allocating authorisations for occupation of the space for aquaculture activities. The provisions of this subpart provide priority for the processing of applications from existing permit holders ahead of other applications.
5: Subpart 4
a: as at 1 October 2011, specifies an aquaculture activity as a prohibited activity; and
b: is operative when a concurrent application is lodged.
165B: Relationship of Part with rest of Act
The provisions of this Act that relate to applications for, and the granting of, resource consents apply to applications for, and the granting of, coastal permits to occupy space in the common marine and coastal area subject to the provisions of this Part.
1: Managing occupation in common marine and coastal area
165C: Interpretation
In this subpart, unless the context otherwise requires,— authorisation Minister public notice tender trustee 1991 No 69 s 165A
165D: Power of consent authorities to refuse to receive applications for coastal permits
For the purposes of this subpart, a consent authority may refuse to receive an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of an activity if, within 1 year before the application is made, the consent authority has refused to grant an application for a permit for an activity of the same or a similar type in respect of the same space or in respect of space in close proximity to the space concerned. 1991 No 69 s 165B
165E: Applications in relation to aquaculture settlement areas
1: No person may apply for a coastal permit authorising occupation of space in an aquaculture settlement area (within the meaning of the Maori Commercial Aquaculture Claims Settlement Act 2004), for the purpose of aquaculture activities, unless the person is a holder of an authorisation that—
a: relates to that space and activity; and
b: was provided to the trustee under section 13
2: A consent authority may grant a coastal permit authorising any other activity in an aquaculture settlement area, but only—
a: to the extent that that activity is compatible with aquaculture activities; and
b: after consultation with the trustee and iwi in the region.
3: Subsection (1)
a: after 1 January 2005; but
b: before the space became an aquaculture settlement area.
4: In subsection (2)(b) iwi Regional coastal plan provisions relating to occupation of common marine and coastal area
165F: Provisions about occupation of common marine and coastal area
1: A regional coastal plan or proposed regional coastal plan may include provisions to address the effects of occupation of a common marine and coastal area and to manage competition for the occupation of space, including rules specifying—
a: that no application can be made for a coastal permit to occupy space before a date to be specified in a public notice:
b: that the consent authority may process and hear together applications for coastal permits for the occupation of—
i: the same space in a common marine and coastal area; or
ii: different spaces in a common marine and coastal area that are in close proximity to each other:
c: that the consent authority may process and hear together with the applications referred to in paragraph (b) paragraph (b)
d: limits on—
i: the character, intensity, or scale of activities associated with the occupation of space:
ii: the size of space that may be the subject of a coastal permit and the proportion of any space that may be occupied for the purpose of specified activities.
2: However, a rule made for the purposes of subsection (1)(a)
3: For the purposes of subsection (1) 1991 No 69 s 165D
165G: Plan may specify allocation methods
A regional coastal plan or proposed regional coastal plan may provide for a rule in relation to a method of allocating space in the common marine and coastal area for the purposes of an activity, including a rule in relation to the public tender of authorisations or any other method of allocating authorisations. 1991 No 69 s 165H
165H: Regional council to have regard to and be satisfied about certain matters before including allocation rule in regional coastal plan or proposed regional coastal plan
1: Before including a rule in a regional coastal plan or proposed regional coastal plan in relation to the allocation of space in a common marine and coastal area for the purposes of an activity, a regional council must—
a: have regard to—
i: the reasons for and against including the proposed rule; and
ii: if the proposed rule provides for a method of allocation of space other than by a method of allocating authorisations,—
A: the reasons why allocation other than by a method of allocating authorisations is justified; and
B: how this may affect the preferential rights provided for in section 165W
iii: if the proposed rule provides for a method of allocating authorisations other than by public tender,—
A: the reasons why allocation other than by public tender is justified; and
B: how this may affect the preferential rights provided for in section 165W
b: be satisfied that—
i: a rule in relation to the allocation of space is necessary or desirable in the circumstances of the region; and
ii: if the proposed method of allocating space is not allocation of authorisations, or the proposed allocation of authorisations is not by public tender, the proposed method is the most appropriate for allocation of space in the circumstances of the region, having regard to its efficiency and effectiveness compared to other methods of allocating space.
2: Section 32(1) to (3) do not apply to the inclusion of a rule in accordance with subsection (1)
3: Subsection (1) section 165K
4: A challenge to a rule on the ground that this section has not been complied with may be made only in a submission under Schedule 1.
5: Subsection (4) subsection (1) 1991 No 69 s 165I
165I: Offer of authorisations for activities in common marine and coastal area in accordance with plan
1: If a regional coastal plan includes a rule that provides for public tendering or another method of allocating authorisations, the regional council must, by public notice and in accordance with the rule, offer authorisations for coastal permits for the occupation of space in the common marine and coastal area.
2: Subsection (1)
a: subsection (3)
b: any Order in Council made under section 165K
3: A regional council must give the Minister not less than 4 months' notice before making an offer of authorisations under subsection (1) 1991 No 69 s 165F
165J: When applications not to be made unless applicant holds authorisation in accordance with plan
1: Subsection (2)
2: A person must not apply for a coastal permit authorising occupation of the space for the activity unless the person is the holder of—
a: an authorisation that relates to the space and activity; or
b: a coastal permit granted under an authorisation that related to the occupation of that space and the application is for an activity that was within the scope of the authorisation.
3: Subsection (2)
4: Subsection (2)
a: after a rule in a proposed regional coastal plan has legal effect; but
b: before the rule becomes operative. 1991 No 69 s 165K
165K: Power to give directions relating to allocation of authorisations for space provided for in plan
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, direct a regional council whose regional coastal plan or any proposed regional coastal plan provides for a rule in relation to a method of allocating authorisations for space in a common marine and coastal area—
a: not to proceed with a proposed allocation of authorisations for space in a common marine and coastal area; or
b: in proceeding with a proposed allocation of authorisations for space in a common marine and coastal area, to give effect to the matters specified in the Order in Council.
2: The Minister may make a recommendation under subsection (1)
a: to give effect to Government policy in the common marine and coastal area:
b: to preserve the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
c: to facilitate compliance with section 165W
d: to assist the Crown to comply with its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.
3: The matters referred to in subsection (1)(b)
a: the allocation method to be used:
b: subject to sections 123 and 123A
c: the allocation, at no cost, of authorisations relating to specific spaces within a common marine and coastal area to the Crown:
d: the allocation, at no cost, of authorisations relating to specific spaces in a common marine and coastal area, or a certain proportion of the authorisations proposed to be allocated, to the trustee that is representative of the entire space for which authorisations are to be offered under the proposed allocation.
4: If an Order in Council contains a direction under subsection (3)(a)
a: the relevant proposed plan is notified under clause 5 or 26 of Schedule 1; or
b: the Minister approves the relevant regional coastal plan under clause 19 of Schedule 1.
5: If an Order in Council contains a direction under subsection (3)(b), (c), or (d) section 165I
6: Subject to subsection (4) subsection (1) section 165I(3)
7: An Order in Council does not affect the following if made before the Order in Council comes into force:
a: a publicly notified offer of authorisations:
b: an application for a coastal permit.
8: An authorisation allocated in accordance with subsection (3)(d) 1991 No 69 s 165O Ministerial approval of use of method of allocating authorisations
165L: Regional council may request use of allocation method
1: This section applies if—
a: in a regional council’s opinion it is desirable due to actual or anticipated high demand or competing demands for coastal permits for occupation of space in the common marine and coastal area for the purpose of 1 or more activities, that a method be used to allocate authorisations for the space; and
b: either—
i: a regional coastal plan does not provide for a rule in relation to a method of allocating authorisations for the space for the purpose of the activities; or
ii: a regional coastal plan does provide for a rule referred to in subparagraph (i)
2: The regional council may request the Minister to approve allocation by public tender of authorisations or another method of allocating authorisations for the space in the common marine and coastal area.
3: A request under subsection (2)
a: specify,—
i: if it does not relate to a public tender, the proposed method for allocation of authorisations; and
ii: the activities it is proposed the public tender or other allocation method will apply to; and
iii: the space in the common marine and coastal area it is proposed the public tender or other allocation method will apply to; and
iv: how and when the public tender or other method for allocating authorisations is proposed to be implemented in the space, including any staging of the allocation; and
v: the reasons for the council’s opinion that it is desirable that an allocation method be used in relation to the space; and
b: if the proposed allocation method is not public tender, give reasons why the council proposes to use the alternative allocation method; and
c: be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the activity or activities covered by the request.
4: A request under subsection (2)
5: On the day a request is made under subsection (2)
a: give public notice of the request; and
b: give notice of the request to the Environmental Protection Authority.
6: A public notice under subsection (5)
a: the matters in subsection (3)(a)(i) to (iii)
b: a statement to the effect of section 165M(2) and (3)
165M: Stay on applications following request under section 165L
1: Subsection (2) section 165L(2)
2: A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an activity in the request during the period commencing on the day on which public notice of the request is given under section 165L(5)(a)
a: the day on which the regional council publicly notifies under section 165N(8)
b: the day on which the approval of an allocation method is notified in the Gazette section 165N(1)(c)(i)
3: If the request is approved, section 165Q
4: Neither this section nor section 165Q section 165L(2) section 165ZH
165N: Minister may approve use of allocation method
1: If the Minister receives a request under section 165L(2)
a: must consult with relevant Ministers, including the Minister of Aquaculture (if the request relates to aquaculture activities); and
b: may—
i: consult any other person whom the Minister considers it appropriate to consult; and
ii: request any further information from the regional council that made the request; and
c: must, within 25 working days after the date of receipt of the request,—
i: by notice in the Gazette
A: on the terms specified by the regional council in the request; or
B: on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space; or
ii: decline the request.
2: A failure to comply with the time limit in subsection (1)(c)
3: Any period of consultation under subsection (1)(b)(i) subsection (1)(c)
4: The Minister must not approve the request unless he or she considers that—
a: there is actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purpose of the activity or activities that the request applies to; and
b: the method and terms of allocation specified in the request, or any modified terms determined by the Minister will—
i: effectively manage the actual or anticipated high demand or competing demands identified under paragraph (a)
ii: be implemented within a time frame that is, in the Minister’s opinion, reasonable.
5: In considering whether to approve a request, the Minister must have regard to—
a: government policy in relation to the common marine and coastal area:
b: the ability of the Crown to give effect to any of its obligations under any agreement in principle or deed of settlement between the Crown and any group of Māori claimants or representative of any group of Māori claimants in relation to a claim arising from, or relating to, any act or omission by or on behalf of the Crown or by or under any enactment before 21 September 1992:
c: the need to facilitate compliance with section 165W
d: the ability of the Crown to give effect to its obligations under the Maori Commercial Aquaculture Claims Settlement Act 2004.
6: As soon as practicable after deciding whether to approve a request, the Minister must notify the Environmental Protection Authority of his or her decision.
7: A Gazette subsection (1)(c)(i)
a: must specify,—
i: if the approval does not relate to a public tender, the other allocation method that is approved; and
ii: the space and activities that the public tender or other allocation method will apply to; and
iii: how and within what period the public tender or other allocation method must be implemented, including any staging of the allocation; and
b: may also specify 1 or more of the following:
i: whether the approval is for a single public tender, or a single use of the allocation method or is to be used on more than 1 occasion; and
ii: an expiry date for the approval; and
iii: a date by which authorisations allocated in accordance with the public tender or other allocation method will lapse, being a date that is not more than 2 years after the date on which an authorisation is granted; and
iv: any restrictions on transferring authorisations allocated under the public tender or other allocation method; and
v: that applications received in respect of authorisations allocated under the public tender or other allocation method (together with any other applications for coastal permits related to the activities to which the authorisation relates) must be processed and heard together; and
vi: subject to sections 123 and 123A
vii: that authorisations relating to specific spaces within a common marine and coastal area must be allocated to the Crown at no cost; and
viii: that authorisations relating to specific spaces, or a certain proportion of the authorisations that are representative of the entire space for which authorisations are to be offered in accordance with the public tender or other allocation method, must be allocated to the trustee at no cost.
8: If the Minister declines a request made under section 165L(2)
a: the Minister must notify the regional council of the decision to decline the request; and
b: the regional council must as soon as practicable after receiving notice under paragraph (a)
i: the request was declined; and
ii: applications may be made for coastal permits to occupy any space for any activity that was the subject of the request.
9: A provision in a regional coastal plan that relates to the allocation of space to which a Gazette Gazette
10: An authorisation allocated in accordance with subsection (7)(b)(viii)
165O: Period of approval
1: An approval to use a public tender or other method to allocate authorisations applies on and from the date on which the relevant Gazette
a: the date on which it is expressed in the relevant Gazette subsection (3)
b: the date it lapses under section 165P(2)
c: the date it is revoked by a further notice in the Gazette subsection (2)
2: The Minister may, by notice in the Gazette
a: is requested to do so by the regional council; and
b: considers that—
i: there are no longer actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; or
ii: the regional council has in place other methods that will satisfactorily manage actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities.
3: The Minister may, by notice in the Gazette Gazette Gazette
a: the Minister receives a request from the regional council to do so; and
b: the Minister considers that—
i: there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and
ii: the regional council does not have in place other methods that will satisfactorily manage the high demand or competing demands.
165P: Offer of authorisations where approved by Minister
1: If the Minister approves the use of a public tender or other method for allocating authorisations under section 165N(1)(c)
2: A Gazette section 165N(1)(c) subsection (3)
3: The Minister may by notice in the Gazette
a: the regional council has taken all reasonable steps to carry out the public tender or implement the other approved allocation method; and
b: the regional council requires further time to carry out the public tender or implement the other approved allocation method.
165Q: When applications not to be made or granted unless applicant holds authorisation in accordance with
Gazette
1: Subsection (2) Gazette section 165N(1)(c)(i)
2: During the period that the approval to use public tendering or another allocation method applies, no person may apply for a coastal permit authorising occupation of the space for an activity covered by the approval unless the person is the holder of an authorisation that relates to that space and activity. Authorisations
165R: Authorisation not to confer right to coastal permit
1: The granting of an authorisation does not confer any right to the grant of a coastal permit in respect of the space that the authorisation relates to.
2: However, if a coastal permit is granted to the holder of an authorisation, the permit must be within the terms of the authorisation, including not being granted for a period greater than the period specified in the authorisation. 1991 No 69 s 165L
165S: Authorisation transferable
1: An authorisation or any part of it may be transferred by its holder to any other person, but the transfer does not take effect until written notice of it has been received by the regional council concerned.
2: This section applies subject to any restrictions on the transfer of authorisations specified in—
a: the Gazette section 165N
b: the relevant regional coastal plan under which the authorisations were allocated. 1991 No 69 s 165M
165T: Authorisation lapses in certain circumstances
1: An authorisation lapses at the close of 2 years after the day on which it is granted (or any earlier day that may be specified in the authorisation) unless subsection (3)
2: Subsection (3)
a: for an authorisation for which no earlier date is specified, if,—
i: before the second anniversary of the date on which an authorisation is granted, its holder has applied for a coastal permit to occupy space in respect of the activity that the authorisation relates to; and
ii: on the second anniversary date,—
A: no decision has been made by the consent authority whether to grant or decline the application; or
B: the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal; or
b: for an authorisation specified to lapse on a date earlier than 2 years after the day on which it is granted, if,—
i: before the date specified in the authorisation, its holder has applied for a coastal permit to occupy space in respect of the activity that the authorisation relates to; and
ii: on the date specified in the authorisation,—
A: no decision has been made by the consent authority whether to grant or decline the application; or
B: the consent authority has made a decision, but the time for lodging appeals to the Environment Court has not expired, or an appeal has been lodged but no decision has been made by the court on the appeal.
3: The authorisation does not lapse until—
a: the time for lodging an appeal in respect of the decision has expired and no appeal has been lodged; or
b: an appeal has been lodged and the court has given its decision on the appeal. 1991 No 69 s 165N
165U: Public notice of offer of authorisations by regional council
1: A notice given under section 165I or 165P(1)
a: specify the activities that the authorisation will apply to after it is issued; and
b: describe the space in the common marine and coastal area that offers for authorisations are invited for, including the size and location of the space; and
c: subject to sections 123 and 123A
d: specify the closing date for offers; and
e: specify the criteria that the regional council will apply in selecting successful offers for authorisations; and
f: include details of any direction given under section 165K
g: specify the manner in which offers for authorisations must be submitted; and
h: specify any charge payable under section 36(1)(ca); and
i: specify any other matter that the regional council considers appropriate in the circumstances.
2: A notice may specify conditions on which the authorisation will be granted, including—
a: a date earlier than 2 years from the date of its granting on which the authorisation will lapse; and
b: restrictions on the transfer of authorisations.
3: If an offer of authorisations is to be by tender, the notice must also—
a: specify the form of remuneration required, whether all by advance payment, or by deposit and annual rental payments; and
b: specify whether or not there is a reserve price.
4: This section applies subject to an Order in Council made under section 165K 1991 No 69 s 165P
165V: Requirements for offers for authorisations
1: An offer for an authorisation must specify—
a: the activity or range of activities in respect of which the authorisation is sought; and
b: the site it applies to.
2: In the case of a tender for authorisations, the tender must also specify—
a: the total remuneration offered (including any annual rental component); and
b: the form of payment of the remuneration.
3: A tender must be accompanied by—
a: a cash deposit (being payment in advance of part of the remuneration) or equivalent security to the satisfaction of the regional council; and
b: any additional information specified in the notice calling for tenders.
4: An offer or a tender must be accompanied by any charge payable under section 36(1)(ca).
5: If a tender is accepted under section 165X subsection (2) 1991 No 69 s 165Q
165W: Preferential rights of iwi
1: In conducting a tender of authorisations under this Part, a regional council must give effect to any preferential right to purchase a proportion of the authorisations.
2: Subsection (1)
a: section 316 of the Ngāi Tahu Claims Settlement Act 1998:
b: section 119 of the Ngati Ruanui Claims Settlement Act 2003:
c: section 79 of the Ngati Tama Claims Settlement Act 2003:
d: section 106 of the Ngaa Rauru Kiitahi Claims Settlement Act 2005:
e: section 118 of the Ngāti Awa Claims Settlement Act 2005:
f: section 92 of the Ngāti Mutunga Claims Settlement Act 2006.
3: For the purposes of subsection (1) subsection (2) 1991 No 69 s 165R
165X: Acceptance of offer for authorisations
1: After considering the offers for authorisations in accordance with the criteria specified under section 165U
a: accept any offer; or
b: reject all offers; or
c: reject all offers and call for new offers; or
d: negotiate with any person who made an offer with a view to reaching an agreement.
2: If the offer of authorisations is a tender, the regional council may accept any tender or negotiate with any tenderer, whether or not the tender was the highest received.
3: As soon as practicable after deciding to accept an offer for an authorisation or to reject all offers or after reaching an agreement, the regional council must give written notice of the decision and the reasons for it to every person who made an offer.
4: If an offer is accepted or an agreement is reached, the notice under subsection (3) 1991 No 69 s 165S
165Y: Grant of authorisation
If the regional council accepts an offer or reaches an agreement with a person who made an offer under section 165X 1991 No 69 s 165T
165Z: Tender money
1: If the holder of an authorisation obtains a coastal permit authorising the holder to undertake an activity in respect of which the authorisation was granted, the regional council must forward to the Minister 50% of the remuneration received under the tender.
2: The Minister must cause the money to be paid into a Crown Bank Account in accordance with the Public Finance Act 1989.
3: If an authorisation granted to a successful tenderer has lapsed under section 165T
4: If a tenderer who has failed to obtain an authorisation forwarded a payment to the regional council under section 165V(3) 1991 No 69 s 165U
165ZA: Use of tender money
The regional council must apply its share of the remuneration to achieving the purpose of this Act in the coastal marine area in its region. 1991 No 69 s 165V Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area
165ZB: Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities
1: This section applies if—
a: a regional council has identified actual or anticipated high demand or competing demands for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities; and
b: in the regional council's opinion—
i: the provisions of a regional coastal plan will not enable it to manage effectively the identified demands; and
ii: it is desirable that applications for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities be suspended to enable the regional council to amend its regional coastal plan or to use other measures available under this subpart to deal with the identified demands.
2: The regional council may request the Minister of Aquaculture to suspend the receipt of applications for coastal permits to occupy the space for the purpose of aquaculture activities.
3: A request under subsection (2)
a: specify—
i: the space in the common marine and coastal area it is proposed the suspension will apply to; and
ii: the aquaculture activities that it is proposed the suspension will apply to; and
iii: the planning or other measure that the council proposes to implement to deal with the identified demand; and
iv: the proposed duration of the suspension, which must be not more than 12 months; and
b: be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities covered by the request.
4: A regional council must—
a: give public notice of a request under subsection (2)
b: give notice of the request to the Environmental Protection Authority.
5: A public notice under subsection (4)
a: the matters specified in subsection (3)(a)
b: a statement to the effect of section 165ZC(2) and (3)
6: To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities.
165ZC: Effect on applications of request under section 165ZB
1: Subsection (2) section 165ZB(2)
2: A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an aquaculture activity in the request during the period commencing on the day on which public notice of the request is given under section 165ZB(4)(a)
a: if the request is declined, the day on which the regional council publicly notifies under section 165ZD(6)
b: if the request is granted, the date on which the Gazette section 165ZD
3: Neither this section nor section 165ZD
a: any application received by the regional council before the request was made under section 165ZB(2)
b: any application to which section 165ZH applies:
c: any application made in accordance with an authorisation.
165ZD: Minister of Aquaculture may suspend applications to occupy the common marine and coastal area for the purposes of aquaculture activities
1: If the Minister of Aquaculture receives a request under section 165ZB(2)
a: must consult the Minister of Conservation; and
b: may—
i: consult any other person whom the Minister considers it appropriate to consult; and
ii: request any further information from the regional council that made the request; and
c: must, within 25 working days after receiving the request,—
i: approve the request by notice in the Gazette
A: on the terms specified by the regional council in the request; or
B: on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space; or
ii: decline the request.
2: A failure to comply with the time limit in subsection (1)(c)
3: Any period of consultation under subsection (1)(b)(i) subsection (1)(c)
4: The Minister must not approve the request unless he or she considers that—
a: there is actual or likely high demand or competing demands for coastal permits for occupation of the space for the purpose of the aquaculture activities that the request applies to; and
b: the planning or other measure that the council proposes to implement, or any modified terms determined by the Minister will—
i: effectively manage the high demand or competing demands identified under paragraph (a)
ii: be implemented within a time frame that is, in the Minister’s opinion, reasonable.
5: A Gazette subsection (1)(c)(i)
a: the space and aquaculture activities that the suspension on applications will apply to; and
b: the date the notice expires, which must not be more than 12 months after the date of the Gazette
6: If the Minister declines a request made under section 165ZB(2)
a: the Minister must notify the regional council of the decision to decline the request; and
b: the regional council must, as soon as practicable after receiving notice under paragraph (a)
i: the request was declined; and
ii: applications may be made for coastal permits to occupy any space for any aquaculture activity that was the subject of the request.
7: The Minister must notify the Minister of Conservation and the Environmental Protection Authority of a decision to issue a Gazette
165ZE: Subsequent requests for direction in relation to suspension of receipt of applications
1: The Minister of Aquaculture may issue a further Gazette section 165ZD
a: a request for a further suspension on the receipt of applications is made by a regional council under section 165ZB
b: the Minister considers that—
i: there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and
ii: the regional council does not have in place planning or other measures that will satisfactorily manage the high demand or competing demands; and
iii: the Minister is satisfied that more time is needed to put in place plan provisions to deal with the demand.
2: Sections 165ZB to 165ZD Ministerial power to direct applications for coastal permits to undertake aquaculture activities in common marine and coastal area to be processed and heard together
165ZF: Regional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities
1: This section applies if, in a regional council’s opinion,—
a: processing and hearing together applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities would be more efficient and would enable better assessment and management of cumulative effects of the permits; and
b: a regional coastal plan or proposed regional council plan does not provide adequately for efficient processing and assessment and management of the cumulative effects of permits to occupy the common marine and coastal area for the purpose of the aquaculture activities.
2: The regional council may request the Minister of Aquaculture to direct the regional council to process and hear together applications for coastal permits to occupy the space for the purpose of aquaculture activities.
3: A request under subsection (2)
a: specify—
i: the space in the common marine and coastal area it is proposed the direction will apply to; and
ii: the aquaculture activities that it is proposed the direction will apply to; and
iii: the applications or classes of applications it is proposed that the direction will apply to; and
b: be accompanied by information about why it would be more efficient and would enable better assessment and management of the cumulative effects of coastal permits to occupy the common marine and coastal area for the purposes of aquaculture activities if the direction were made.
165ZFA: Ministerial power to direct applications to be processed and heard together
1: If the Minister receives a request under section 165ZF(2)
a: must consult the Minister of Conservation: and
b: may—
i: consult any other person whom the Minister considers it appropriate to consult; and
ii: request any further information from the regional council that made the request; and
c: must, within 25 working days after receiving the request,—
i: by notice in the Gazette
A: on the terms specified by the regional council in the request; or
B: on terms that in the Minister’s opinion will facilitate efficient processing and better assessment and management of the cumulative effects of the applications that are the subject of the notice; or
ii: decline the request.
2: A failure to comply with the time limit in subsection (1)(c)
3: Any period of consultation under subsection (1)(b)(i) subsection (1)(c)
4: The Minister must not give a direction under subsection (1)(c)(i)
5: The Gazette subsection (1)(c)(i)
a: the space in the common marine and coastal area that the direction applies to; and
b: the aquaculture activities that the direction applies to; and
c: the applications or classes of applications the direction applies to, which,—
i: subject to subparagraph (ii)
A: applications made on or after the date of the Gazette
B: applications made but not determined before the date of the Gazette
C: applications defined by reference to their contents (for example, by the size of the space they relate to); but
ii: may not include applications—
A: in respect of which the regional council has determined, before the date of the Gazette
B: in respect of which the regional council has determined, before the date of the Gazette
C: to which section 165ZH applies; or
D: made more than 12 months after the date of the Gazette
E: in respect of which a notice of motion has been lodged with the Environment Court under section 87G before the date of the Gazette
F: called in by the Minister of Conservation under section 142 before the date of the Gazette
G: for which a call-in request has been made by the regional council or the applicant under section 142(1)(b) before the date of the Gazette
H: lodged with the Environmental Protection Authority before the date of the Gazette
6: The Gazette subsection (1)(c)(i) Gazette
7: The regional council must comply with a provision specified in the Gazette subsection (6)
8: The Minister must notify the decision to give a direction or to decline a request for a direction to the regional council, Minister of Conservation, and the Environmental Protection Authority.
9: On and from the date of a Gazette Gazette Processing and hearing together of applications for coastal permits
165ZFB: Application of sections 165ZFC to 165ZFH
Sections 165ZFC to 165ZFH
a: a rule included in a regional coastal plan or a proposed regional coastal plan under section 165F
b: a Gazette
c: a Gazette section 165ZFA
165ZFC: Interpretation
In this section and sections 165ZFD to 165ZFH affected application
a: means an application for a coastal permit to occupy space in the common marine and coastal area for the purpose of 1 or more activities that is required to be processed and heard together with another application or applications under the PHT requirement; and
b: includes any other applications for coastal permits that are related to the application referred to in paragraph (a) comes into force PHT requirement Gazette section 165ZFB
165ZFD: Effect of requirement that applications be processed and heard together on direct referral to Environment Court under sections 87D to 87I
1: On and from the date on which a PHT requirement comes into force, no person may request that an affected application be determined by the Environment Court under section 87D.
2: Despite sections 87E to 87G, if at the date the PHT requirement comes into force,—
a: the regional council is considering a request by an applicant under section 87D in respect of an affected application, the council must not make a decision on the request, but must return the request to the applicant with a notice stating that the application is one to which a PHT requirement relates and section 165ZFE
b: the regional council has granted a request by an applicant under section 87D in respect of an affected application, but the applicant had not yet lodged a notice of motion under section 87G(2)(a) in respect of the application,—
i: the regional council must continue to process the application in accordance with sections 165ZFE and 165ZFF
ii: the applicant may not lodge a notice of motion under section 87G(2)(a).
165ZFE: Processing of affected applications
1: Sections 88 to 98 apply in respect of each affected application that is subject to a PHT requirement.
2: The regional council must, as soon as practicable after the latest date on which the period for submissions closes on an affected application to which the PHT requirement relates, advise each of the applicants—
a: of the names and contact details of the other affected applicants; and
b: that if the applicant wants the affected applications to be determined by the Environment Court, the applicant has 10 working days from the date of the notice to make such a request.
3: The applicant must make the request under subsection (2)
4: If the regional council receives requests under subsection (2)
5: If subsection (4) subsection (2) section 165ZFF
6: If subsection (4)
7: Section 87F(4) and (5) apply to a report prepared under subsection (6)
8: Each applicant in respect of an affected application must advise the regional council within 5 working days after receipt of a report prepared under subsection (6)
9: If the regional council—
a: receives advice from all the applicants in respect of affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must give notice to each applicant that—
i: the applicant’s affected application is to be determined by the Environment Court; and
ii: the applicant must lodge a notice of motion with the Environment Court that complies with section 87G(2)(a) within 10 working days after the date of the regional council’s notice or the applicant’s affected application may be cancelled in accordance with subsection (11)
b: does not receive advice from all the applicants in respect of affected applications that the applicants continue to want the affected applications to be determined by the Environment Court, the regional council must—
i: give notice to each applicant that the applicant’s affected application is to be determined by the regional council; and
ii: continue to process and hear together the affected applications in accordance with this section and section 165ZFF
10: Section 87G(2)(b) and (c), (3), and (4) apply in relation to the notice of motion referred to in subsection (9)(a)(ii)
11: If an applicant does not lodge a notice of motion with the Environment Court within 10 working days after the date of the notice under subsection (9)(a)
a: give notice to the relevant applicant that unless the applicant lodges the notice of motion within 5 working days of the date of the notice, the applicant’s affected application will be cancelled; and
b: if, within the period notified, or such greater period as the regional council may think reasonable in the circumstances, the applicant does not lodge the notice of motion the regional council must cancel the applicant’s affected application.
12: Sections 87G(5) to (7) and 87H apply in respect of the affected applications.
13: Sections 99 and 100 apply in respect of any affected application that the regional council is required to process and hear together with other affected applications.
165ZFF: Hearing of affected applications
The provisions of this Act that relate to the hearing and making of decisions on a coastal permit apply to the affected applications with the following modifications:
a: if a hearing is to be held in respect of any affected application,—
i: a hearing must be held in respect of all affected applications; and
ii: all affected applications must be heard together; and
b: if an applicant or person who made a submission on an affected application makes a request under section 100A(2), the regional council is not required to comply with section 100A(4) but must instead consider whether to delegate under section 34A(1) its functions, powers, and duties required to hear and decide all the affected applications, to 1 or more hearings commissioners who are not members of the local authority; and
c: for the purposes of section 101(2), the date for the commencement of the hearing must be—
i: within 25 working days after the latest closing date for submissions on an affected application to which the PHT requirement relates, if no request is received under section 165ZFE(2)
ii: within 25 working days after the date on which the council becomes subject to a requirement to continue to process and hear together affected applications under section 165ZFE(5) or (9)
d: despite section 115,—
i: decisions on the affected applications are, subject to section 88(4), to be made in the order in which the applications were lodged; and
ii: notice of the decision on each affected application must be given within 30 working days after the end of the hearing or, if no hearing is held, within the period within which a hearing would have been required to be held under paragraph (c)(i) or (ii)
e: paragraph (d)(i)
165ZFG: Effect of requirement that applications be processed and heard together on power of Minister to call in applications under section 142
1: Despite sections 142 and 144,—
a: the Minister must not make a decision as to whether to call in an affected application until all affected applications to which the relevant PHT requirement relates have been identified; and
b: if the Minister decides to call in an affected application by making a direction under section 142(2), the Minister must, whether or not the Minister considers any other affected application is a proposal or part of a proposal of national significance, call in all the other affected applications under the same direction; and
c: in deciding whether to make the direction referred to in paragraph (b)
i: may, in addition to the matters specified in section 142(3), consider the impact that the call-in direction would have on the other affected applications, including the impact on the costs the applicants might face; and
ii: must have regard to the capacity of the local authority to process the affected applications and the views of—
A: the applicants for all the affected applications; and
B: the regional council; and
C: if the PHT requirement was made by Gazette section 165ZFA
2: Section 165ZFF(a), (d), and (e)
165ZFH: Effect of requirement that applications be processed and heard together on lodgement of applications with EPA
On and from the date on which the relevant PHT requirement comes into force, no affected application may be lodged with the Environmental Protection Authority under section 145.
50: Subpart 2 of Part 7A repealed
Subpart 2
51: Application
1: Section 165ZG(1)
a: only to applications for coastal permits to occupy space in the common marine and coastal area for aquaculture activities; and .
2: Section 165ZG
2: However, this subpart does not apply to an application for a coastal permit to occupy space in the common marine and coastal area for an aquaculture activity if, at the time the application is made, a regional coastal plan provides for a method of allocating authorisations in respect of the space and activity.
52: New section 165ZH substituted
Section 165ZH
165ZH: Processing applications for existing permit holders
1: This section applies if—
a: a person holds—
i: a deemed coastal permit under section 10, 20, 20A, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; or
ii: a coastal permit to occupy space in the common marine and coastal area for aquaculture activities, granted after the commencement of this Part; and
b: the permit referred to in paragraph (a)(i) or (ii) ( existing coastal permit
i: is in force at the time of any application under paragraph (c)
ii: applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and
c: the holder of the existing coastal permit ( existing permit holder
i: for occupation of some or all of the same space; and
ii: for the same or another aquaculture activity; and
iii: accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and
d: the application and any related applications are—
i: made to the appropriate consent authority; and
ii: made—
A: at least 6 months before the expiry of the existing coastal permit; or
B: in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate.
2: If this section applies, then—
a: the applications, must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and
b: no other application to occupy the space that the application relates to may be accepted before the determination of the application; and
c: the holder may continue to operate under the existing coastal permit until—
i: a new coastal permit is granted and all appeals are determined; or
ii: a new coastal permit is declined and all appeals are determined.
53: Applications for space already used for aquaculture activities
1: Section 165ZI(1) carry out occupy space in the common marine and coastal area for
2: Section 165ZI(3) for to occupy
3: Section 165ZI(4)(b) section 124 section 165ZH(1)(c)
4: Section 165ZI(5)
a: by omitting section 165ZH(2) section 165ZH(1)(c)
b: by omitting in accordance with section 124
5: Section 165ZI(8) section 124 section 165ZH(1)(c)
54: Additional criteria for considering applications for permits for space already used for aquaculture activities
1: Section 165ZJ
1AA: When considering an application under section 165ZH
2: Section 165ZJ(1) section 165ZH(2) section 165ZH
3: Section 165ZJ(1)
55: New subpart 4 of Part 7A inserted
The following subpart is inserted after subpart 3
4: Plan change requests and concurrent applications for coastal permits in relation to aquaculture activities
165ZK: Application
This subpart applies only in relation to a rule in a regional coastal plan that,—
a: at the commencement of section 55 of the Resource Management Amendment Act (No 2) 2011
b: is still operative when a plan change request is made.
165ZL: Interpretation
In this subpart, unless the context otherwise requires,— concurrent application section 165ZN plan change request
a: made under clause 21 of Schedule 1, in relation to a rule referred to in section 165ZK
i: to provide for aquaculture activities; and
ii: to make any related changes; and
b: made in conjunction with, or in contemplation of, a concurrent application.
165ZM: Other provisions of Act apply subject to this subpart
1: The provisions of this Act relating to consent applications and plan change requests apply to concurrent applications and plan change requests under this subpart subject to the provisions of this subpart.
2: Subsections (3) to (4) do not limit subsection (1).
3: Section 36AA and any regulations made under section 360(1)(hj) do not apply in relation to a concurrent application.
4: The following provisions of Part 6 do not apply to a concurrent application: sections 88A to 88E, 95 to 95G, 96(7), 97, 99 to 103A, 115, and 121(1)(c).
165ZN: Application for coastal permit to undertake aquaculture activities
1: An application for a coastal permit to undertake an aquaculture activity in the common marine and coastal area that otherwise could not be made because of section 87A(6) may be made if—
a: the person making the application also makes a plan change request under clause 21 of Schedule 1; and
b: the application for the coastal permit is made—
i: at the same time as the plan change request is made; or
ii: if the plan change request is lodged with a regional council, within 20 working days after receiving the regional council's notification of its decision under clause 25(5) of Schedule 1; and
c: the plan change request is to change—
i: the regional coastal plan to make the aquaculture activity in the common marine and coastal area a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity; and
ii: related matters (if any) in the regional coastal plan; and
d: the application for the coastal permit would be consistent with the plan change if the plan change request were accepted and made.
2: For the purposes of subsection (1)(d) section 165ZW(1)
165ZO: Identifying plan change requests and concurrent applications
1: A concurrent application must identify the plan change request it relates to.
2: A plan change request must—
a: identify the concurrent application it relates to, if the plan change request and concurrent application are made at the same time; or
b: specify that it is intended to lodge a concurrent application subsequently, if the plan change request is accepted.
165ZP: Incomplete concurrent application
1: This section applies if a concurrent application is returned, under section 88(3), as incomplete.
2: The regional council is not required to take any further action on the plan change request unless the application is lodged again within the time specified in subsection (3).
3: If the application is not lodged again within 20 working days after the date on which the applicant receives the returned application, the application and the plan change request lapse.
165ZQ: Additional consents
1: If the regional council makes a determination under section 91(1), it must do so within 20 working days after—
a: the expiry of the 5 working days specified in section 88(3), if the application is not returned as incomplete:
b: the day after the application is lodged again under section 165ZP(3)
2: If the regional council determines that 1 or more further consents will be required, the regional council is not required to take any further action on the plan change request until the applications for the further consents have been lodged and accepted as complete under section 88(3).
165ZR: Concurrent application to be declined or treated as withdrawn if plan change request declined or withdrawn
1: If, under clause 25(4) of Schedule 1, a regional council rejects a plan change request, then the concurrent application lapses.
2: If, under clause 25(2)(b) of Schedule 1, a regional council accepts a plan change request in part so that the aquaculture activity that the concurrent application relates to remains a prohibited activity, then the regional council must decline the concurrent application as a result of the decision made under clause 25(4) of Schedule 1.
3: If a plan change request is withdrawn or deemed to be withdrawn under clause 28 of Schedule 1, the concurrent application that relates to the plan change request is to be treated as having been withdrawn.
165ZS: Consideration of plan change request
1: The regional council—
a: may not adopt a plan change request under clause 25(2)(a) of Schedule 1; but
b: may accept a plan change request under clause 25(2)(b) of Schedule 1.
2: If the regional council accepts a plan change request, the person making the plan change request may, within 20 working days after being notified of the council's decision under clause 25(5) of Schedule 1,—
a: if a concurrent application has been lodged with the plan change request and the plan change request has been modified under clause 24 of Schedule 1,—
i: amend the concurrent application; or
ii: withdraw the concurrent application and lodge a replacement concurrent application:
b: if a concurrent application has not been lodged with the plan change request, lodge a concurrent application.
165ZT: Notification of accepted plan change request
1: For the purposes of publicly notifying an accepted plan change request and its concurrent application under clause 26(b)(i) of Schedule 1, the period of 4 months specified in that subparagraph begins on the day as determined in accordance with subsection (2), (3), or (4), as the case may require.
2: If a concurrent application has been lodged, the period begins on the day on which the regional council receives written confirmation from the applicant that the applications will not be amended or withdrawn.
3: If a concurrent application has been lodged but has been amended, or withdrawn and a replacement application lodged, the period begins on the day on which the regional council confirms to the applicant that the application as amended or the replacement application is complete and that no other resource consents are required.
4: If a concurrent application has not been lodged but is lodged after the plan change request is accepted by the regional council, the period begins on the day on which the regional council confirms to the applicant that the application is complete and that no other resource consents are required.
5: Notification of a plan change request under subsection (1) must also include notification of the concurrent application.
6: For the purposes of subsection (5), clause 5 of Schedule 1 applies with all necessary modifications and as if references to a plan or regional coastal plan were references to a plan change request and its related concurrent application and as if the reference to a proposed change in clause 5(3)(b) of that Schedule included a reference to its concurrent application.
165ZU: Submissions on plan change request and concurrent application
1: The regional council must, in addition to preparing a summary of submissions on the plan change request, prepare a summary of submissions on the concurrent application.
2: Clause 7 of Schedule 1 accordingly applies also to the summary of submissions on the concurrent application.
3: However, no person may make further submissions under clause 8 of Schedule 1 on a concurrent application.
165ZV: Hearing of submissions
1: The regional council must hear, under clause 8B of Schedule 1, any submissions on a plan change request and its concurrent application together.
2: For the purposes of clause 8C of Schedule 1, a hearing is not required if, in addition, no person indicates they wish to be heard, or the request to be heard is withdrawn, in relation to the concurrent application.
165ZW: Type of activity in relation to concurrent activities
1: After a plan change request has been accepted and publicly notified, the regional council must process the concurrent application that the plan change request relates to on the basis that the activities for which the application is made are non-complying activities.
2: The concurrent application must be considered and determined on the basis that the activities for which the application is made are controlled activities, restricted discretionary activities, discretionary activities, or non-complying activities in accordance with the regional council's decision on the plan change request that the concurrent application relates to.
165ZX: Consideration of plan change request and concurrent application
1: A regional council considering a plan change request and its concurrent application made under subpart 4
a: firstly, determine matters in relation to the plan change request; and
b: secondly, determine matters in relation to the concurrent application, based on its determination of matters in relation to the plan change request.
2: A regional council must decline a concurrent application if, as a result of the council's determination on the plan change request, the aquaculture activity that the concurrent application relates to remains a prohibited activity.
165ZY: Regional council's decision on concurrent application
The regional council must make and publicly notify its decision on the concurrent application not later than the close of the 20th working day after publicly notifying its decision on the plan change request in accordance with clause 10(4) of Schedule 1.
165ZZ: Appeals
1: An appeal against a decision relating to the plan change request or the concurrent application or both must be lodged within 20 working days after the day on which the regional council publicly notifies its decision on the concurrent application.
2: If appeals are lodged against both the decision on the plan change request and the concurrent application, the appeals must be heard together.
165ZZA: Grant of coastal permit
1: If the regional council grants a concurrent application and issues a coastal permit, the commencement of the coastal permit under section 116A
2: If the Minister of Conservation declines to approve the plan change, the regional council must cancel the coastal permit.
56: Right of objection to consent authority against certain decisions or requirements
Section 357A(1)(a)(ii) 125(1)(b) 125(1A)(b)
57: New sections 360A to 360C inserted
The following sections are inserted after section 360
360A: Regulations amending regional coastal plans in relation to aquaculture activities
1: The Governor-General may, by Order in Council, amend provisions in a regional coastal plan that relate to the management of aquaculture activities in the coastal marine area.
2: An amendment made under subsection (1)
a: becomes part of the operative plan as if it had been notified under clause 20 of Schedule 1; and
b: must not be inconsistent with, and is subject to, the other provisions of this Act (for example, subpart 1 of Part 7A); and
c: may be amended—
i: under this section; or
ii: in accordance with Schedule 1; or
iii: under any other provision of this Act.
3: In this section and sections 360B and 360C amend provisions
a: omitting provisions (whether other provisions are substituted or not):
b: adding provisions.
360B: Conditions to be satisfied before regulations made under section 360A
1: Regulations must not be made under section 360A(1)
2: The Minister of Aquaculture must not make a recommendation unless the Minister—
a: has first had regard to the provisions of the regional coastal plan that will be affected by the proposed regulations; and
b: has consulted—
i: the Minister of Conservation; and
ii: other Ministers that the Minister of Aquaculture considers relevant to the proposed regulations; and
iii: any regional council that will be affected by the proposed regulations; and
iv: the public and iwi authorities in accordance with subsection (3)
c: is satisfied that—
i: the proposed regulations are necessary or desirable for the management of aquaculture activities in accordance with the Government's policy for aquaculture in the coastal marine area; and
ii: the matters to be addressed by the proposed regulations are of regional or national significance; and
iii: the regional coastal plan to be amended by the proposed regulations will continue to give effect to—
A: any national policy statement; and
B: any New Zealand coastal policy statement; and
C: any regional policy statement; and
iv: the regional coastal plan as amended by the proposed regulations will not duplicate or conflict with any national environmental standard.
3: For the purposes of subsection (2)(b)(iv)
a: notify the public and iwi authorities of the proposed regulations; and
b: establish a process that—
i: the Minister of Aquaculture considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed regulations; and
ii: requires a report and recommendation to be made to the Minister on those comments and the proposed regulations; and
c: publicly notify the report and recommendation.
4: For the purposes of subsection (2)(b)(iv)
360C: Regional council's obligations
As soon as practicable after regulations are made under section 360A(1)
a: give public notice that the regulations have been made, of the date on which the regulations come into force, and that provides a general description of the nature and effect of the regulations; and
b: amend the plan in accordance with the regulations—
i: without using the process in Schedule 1; and
ii: by any date specified in the regulations for that purpose or, if no date is specified, as soon as practicable after the regulations come into force.
58: Existing notices, bylaws, etc, to become regional coastal plans
Section 370
5: However, subsection (4) does not apply to a plan change request made under subpart 4
59: Transitional coastal plan occupation charges
1: Section 401A(3) 1 July 2007 the expiry date
2: Section 401A(4)
a: omitting 1 July 2007 the expiry date
b: omitting after 30 June 2007 on or after the expiry date
3: Section 401A
5: In this section, expiry date section 59 of the Resource Management Amendment Act (No 2) 2011
60: Schedule 1 amended
Clause 25(4)
b: within the last 2 years, the substance of the request or part of the request—
i: has been considered and given effect to, or rejected by, the local authority or the Environment Court; or
ii: has been given effect to by regulations made under section 360A .
61: Schedule 1A repealed
Schedule 1A Amendments to regional coastal plans
62: Amendments to proposed Tasman regional coastal plan
1: The proposed Tasman regional coastal plan is amended in the manner specified in Schedule 1
2: The proposed Tasman regional coastal plan, as amended by subsection (1), becomes operative on 1 October 2011.
3: The Tasman District Council must comply, as soon as practicable, with clause 20(4)
4: On and from the date the amended plan becomes operative, the plan, including the amendments made to it under subsection (1), may be subsequently changed in accordance with Schedule 1
5: To avoid doubt and without limiting subsection (4),—
a: the amendments made by subsection (1) may be amended under clause 20A
b: a request to change the amendments made by subsection (1) may be rejected under clause 25(4)
6: In this section, proposed Tasman regional coastal plan
a: the defined terms in Chapter 2 that are applicable to Part III and the provisions of Parts V and VI that are referred to in paragraphs (c) and (d):
b: Part III:
c: in Part V,—
i: the provisions in Chapter 30 that are applicable to coastal water; and
ii: in Chapter 31, Rule 31.1.2 and the applicable reasons for this rule in Section 31.1.20; and
iii: Chapter 32 (as applicable to any activity affecting coastal water):
d: in Part VI,—
i: Chapter 35; and
ii: in Chapter 36, Sections 36.2, 36.7, and Chapter 37 (as applicable to any activity in the coastal marine area):
e: the planning maps 180 to 225 and 250 to 252.
63: Amendments to Waikato regional coastal plan
1: The Waikato regional coastal plan is amended in the manner specified in Schedule 2
2: The amendments to the plan made by subsection (1), become operative on 1 October 2011.
3: The Waikato Regional Council must, as soon as practicable after the amendments become operative, comply with clause 20(4)
4: On and from the date the amendments to the plan become operative, the amendments may be subsequently changed in accordance with Schedule 1
5: To avoid doubt and without limiting subsection (4),—
a: the amendments made by subsection (1) may be amended under clause 20A
b: a request to change the amendments made by subsection (1) may be rejected under clause 25(4)
6: This section does not affect the application of section 81
7: In this section, Waikato regional coastal plan