Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

1: Title
This Act is the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.
2: Commencement
1: Section 33
2: The rest of this Act comes into force on 1 January 2005.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Purpose
The purpose of this Act is—
a: to repeal the Marine Farming Act 1971
b: to repeal certain provisions in Part 4A
c: to provide for transitional matters relating to the ending of the moratorium under the Resource Management Act 1991 ; and
d: to provide for transitional matters relating to amendments made in 2011 to the Fisheries Act 1996 Resource Management Act 1991 Maori Commercial Aquaculture Claims Settlement Act 2004 Section 3(c) amended 1 October 2011 section 4(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 3(d) added 1 October 2011 section 4(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
4: Arrangement of this Act
1: This Act is arranged as follows:
a: sections 6 to 17 Marine Farming Act 1971 and subsequent legislative reform relating to aquaculture
b: sections 18 to 33 Fisheries Act 1983 and subsequent legislative reform relating to aquaculture
c: sections 34 to 54
i: the ending on 31 December 2004 of the moratorium established under the Resource Management (Aquaculture Moratorium) Amendment Act 2002
ii: the removal of the requirements relating to aquaculture management areas from the Resource Management Act 1991 Fisheries Act 1996 Maori Commercial Aquaculture Claims Settlement Act 2004
d: sections 55 to 58
2:
3:
4: Section 4(1)﻿(a) amended 1 October 2011 section 5(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 4(1)﻿(b) amended 1 October 2011 section 5(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 4(1)﻿(c) substituted 1 October 2011 section 5(3) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 4(2) repealed 1 October 2011 section 5(4) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 4(3) repealed 1 October 2011 section 5(4) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 4(4) repealed 1 October 2011 section 5(4) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
5: Interpretation
1: In this Act unless the context otherwise requires, aquatic life fish fishing seaweed section 2(1)
2: In this Act, the commencement of this Act Repeal of Marine Farming Act 1971 and transitional provisions relating to repeal
6: Marine Farming Act 1971 called principal Act in sections 7 to 17
In sections 7 to 17 Marine Farming Act 1971 the principal Act Repeal
7: Repeal
The principal Act is repealed. Transitional
8: Application
1: Sections 9 to 17
a: has been executed under the principal Act; and
b: is in force immediately before the commencement of this Act.
2: For the purposes of sections 9 to 17
9: Interpretation
In sections 10 to 17 deemed coastal permit
10: Leases and licences deemed to be coastal permits
1: On and from the date specified in subsection (2), each lease and licence is deemed to be a coastal permit granted under the Resource Management Act 1991
2: For the purposes of subsection (1), the date is—
a: the commencement of this Act; but
b: if—
i: section 16(1)
ii: section 16(2)
3: A deemed coastal permit is subject to the same conditions as applied to the lease or licence immediately before the date specified in subsection (2).
4: The consent authority may decide (and must decide if requested by the holder of a permit) whether to commence a review of a deemed coastal permit, including the conditions of the permit, within 12 months after—
a: the lease or licence becomes a deemed coastal permit; or
b: the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
i: section 16(2)
ii: the date on which the forfeiture is discontinued is after 1 January 2006 but before the commencement of that Act
4A: A deemed coastal permit may be reviewed only once under this section.
4B: If the consent authority decides to commence a review of a deemed coastal permit, it must commence the review within the period specified in subsection (4).
4C: After completing a review commenced under this section, the consent authority may, if it considers it necessary to do so, vary, add, or delete conditions for the purpose of making the conditions consistent with the Resource Management Act 1991
5: In exercising the power in subsection (4C), the consent authority must not amend the species or area covered by the permit.
6: The holder of a deemed coastal permit may appeal or object under subsection (6A)—
a: against a decision of the consent authority not to review the conditions of a deemed coastal permit, but only if the holder requested the consent authority to review the conditions:
b: against a decision of the consent authority to vary, add, or delete (or not to vary, add, or delete) conditions of a deemed coastal permit, whether or not the holder requested the authority to review the conditions.
6A: The holder of the deemed coastal permit may—
a: appeal to the Environment Court against the decision, and sections 120 121
b: object to the consent authority against the decision, and sections 357C 357D 358 sections 128 to 132
7:
8: A deemed coastal permit is to be treated as if it had been granted for a term of 20 years beginning on the commencement of this Act.
9: A deemed coastal permit is to be treated as if it—
a: authorises the holder to undertake aquaculture activities in the area specified in the lease or licence concerned to the extent consistent with the lease or licence as in force immediately before the date specified in subsection (2); and
b: includes all the coastal permits that would otherwise have been required under sections 12 14
c: includes all the coastal permits that would otherwise have been required under section 15
10: Subsection (11) applies if, immediately before the date specified in subsection (2),—
a: a variation has been made under section 13(1) or (3) of the principal Act
b: the holder of the lease or licence has not begun to farm the species of fish, aquatic life, or seaweed that the variation applies to.
11: The holder of the lease or licence must not begin farming the species of fish, aquatic life, or seaweed referred to in subsection (10)﻿(b) if doing so would have, or is likely to have, effects that are more adverse in character, intensity, or scale than the effects of farming the species of fish, aquatic life, or seaweed that the lease or licence applied to immediately before the variation.
12: However, subsection (11) does not apply if the holder of the lease or licence is authorised to farm the species of fish, aquatic life, or seaweed concerned by—
a: a permission that is deemed to be a coastal permit by section 384
b: a coastal permit granted under the Resource Management Act 1991
c: a variation granted before 1 October 1991. Section 10(2)﻿(b) substituted 1 October 2011 section 6(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 10(4) substituted 1 October 2011 section 6(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 10(4A) inserted 1 October 2011 section 6(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 10(4B) inserted 1 October 2011 section 6(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 10(4C) inserted 1 October 2011 section 6(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 10(5) substituted 1 October 2011 section 6(3) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 10(6) substituted 1 October 2011 section 6(3) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 10(6A) inserted 1 October 2011 section 6(3) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 10(7) repealed 1 October 2011 section 6(4) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
11: Provision of records to regional councils
The chief executive of the Ministry of Fisheries must, within 3 months after the commencement of this Act, provide to each regional council details of the relevant leases and licences to which section 8
12: Approvals under Harbours Act 1950
1: Subsection (2) applies if a person holds—
a: a deemed coastal permit; and
b: an approval under section 178(1)﻿(b) of the Harbours Act 1950
i: deemed to be a coastal permit under section 384
ii: in force immediately before the commencement of this Act.
2: The deemed coastal permit referred to in subsection (1)﻿(b)—
a: becomes part of the deemed coastal permit referred to in subsection (1)﻿(a) and subject to section 10
b: lapses as an approval under the Harbours Act 1950
13: Mortgages and charges
1: A lease or licence that, immediately before the commencement of this Act, is subject to a mortgage registered under section 15(2) of the principal Act
2: A mortgage referred to in subsection (1) is to be treated as if it were a charge over a coastal permit, and section 122(3) and (4)
3: If a mortgage referred to in subsection (1) is registered under the Personal Property Securities Act 1999
14: Subleases and sublicences
A sublessee or sublicensee of a lease or licence that is subject to a sublease or sublicence immediately before the commencement of this Act must be treated as a person acting under a resource consent with the permission of the consent holder.
15: Applications to extend term
1: An application to extend the term or period of a lease or licence under section 13(2) or (4) of the principal Act
2: Subsection (1) does not apply to an application to extend the term or period of a lease or licence, if the lease or licence has expired before the commencement of this Act.
16: Certain matters to be completed under principal Act
1: An application to vary a lease or licence under section 13 of the principal Act
2: If a controlling authority has taken action to forfeit a lease or licence under section 14 of the principal Act
a: the forfeiture may be completed or discontinued under the principal Act after the commencement of this Act; but
b: until the forfeiture has been completed or discontinued, the other provisions of sections 9 to 15 section 17
3: This section applies subject to section 15
17: Holder of deemed coastal permit to be treated as holder of fish farm registration pending registration by chief executive
1: The holder of a deemed coastal permit must be treated as a registered fish farmer under Part 9A
2: Within 12 months after the commencement of this Act or, if section 16 section 10(2)﻿(b) section 186V Section 17(2) amended 1 October 2011 section 7 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
17A: Term of certain leases extended
1: The leases referred to in this section were granted under the Marine Farming Act 1971
2: Subsection (3) applies to leases 119 and 137.
3: The term of each lease is extended to expire 3 years after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
4: Subsections (5) and (6) apply to leases 42, 53, and 64.
5: Each lease is to be treated as having been varied on and from the date on which it would otherwise have expired to extend its term to expire 3 years after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
6: During the term of a lease as extended by subsection (5), the lessee may continue to operate the marine farm that is subject to the lease, subject to the same terms and conditions as applied immediately before the extension of its term.
7: Subsection (8) applies to—
a: the leases specified in subsection (2); and
b: leases 165, 170, and 171.
8: During the term of a lease specified in subsection (7), the lessee may continue to operate the marine farm that is subject to the lease, subject to the same terms and conditions as applied immediately before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
9: To avoid doubt, subsections (6) and (8) do not prevent a lease specified in this section being forfeited. Section 17A inserted 1 October 2011 section 8 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Repeal of certain provisions in Part 4A of Fisheries Act 1983 and transitional provisions relating to repeals
18: Fisheries Act 1983 called principal Act in sections 19 to 33
In sections 19 to 33 the principal Act Repeals and amendments
19: Repeals
Amendment(s) incorporated in the Act(s) Transitional
20: Marine farming permits deemed to be coastal permits
1: This section applies to every marine farming permit that—
a: has been granted under section 67J
b: is in force immediately before the commencement of this Act.
2: On and from the commencement of this Act, each marine farming permit is deemed to be a coastal permit granted under the Resource Management Act 1991
3: The consent authority may decide (and must decide if requested by the holder of a permit) within 12 months after the commencement of this Act whether to commence a review of the conditions of a coastal permit referred to in subsection (2).
3A: The conditions of a coastal permit may be reviewed only once under this section.
3B: If the consent authority decides to commence a review of a coastal permit referred to in subsection (2), it must commence the review within the period specified in subsection (3).
3C: After completing a review commenced under this section, the consent authority may, if it considers it necessary to do so, vary, add, or delete conditions for the purpose of making the conditions consistent with the Resource Management Act 1991
4: In exercising the power in subsection (3C), the consent authority must not amend the species or area covered by the permit.
5: The holder of a coastal permit referred to in subsection (2) may appeal or object under subsection (5A)—
a: against a decision of the consent authority not to review the conditions of the coastal permit, but only if the holder requested the consent authority to review the conditions:
b: against a decision of the consent authority to vary, add, or delete (or not to vary, add, or delete) conditions of the coastal permit, whether or not the holder requested the authority to review the conditions.
5A: The holder of a coastal permit referred to in subsection (2) may—
a: appeal to the Environment Court against the decision, and sections 120 121
b: object to the consent authority against the decision, and sections 357C 357D 358 sections 128 to 132
5B: A coastal permit referred to in subsection (2) expires on the same date as the coastal permit that relates to the marine farming permit that is deemed by subsection (2) to be a coastal permit.
6: A coastal permit referred to in subsection (2) does not, of itself, authorise the holder to occupy a coastal marine area. Section 20(3) substituted 1 October 2011 section 9(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 20(3A) inserted 1 October 2011 section 9(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 20(3B) inserted 1 October 2011 section 9(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 20(3C) inserted 1 October 2011 section 9(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 20(4) substituted 1 October 2011 section 9(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 20(5) substituted 1 October 2011 section 9(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 20(5A) inserted 1 October 2011 section 9(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 20(5B) inserted 1 October 2011 section 9(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
20A: Marine Farming Permit 364 for Waikato Communal Area
1: This section applies in relation to marine farming permit MFP 364 for the Waikato Communal Area, which was granted under the Fisheries Act 1983
2: Section 20
3: Marine farming permit MFP 364 is to be treated as—
a: having been lawfully granted on 7 May 1998; and
b: having been in force immediately before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
c: as expiring on 31 December 2033.
4: The holder of marine farming permit MFP 364 is to be treated as having been authorised, on and from 7 May 1998, to occupy the Waikato Communal Area for the purpose of carrying out the activity authorised by the permit.
5: On and from the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Schedule 1
a: the marine farming of Green Mussels ( Perna canaliculus Crassostrea gigas
b: the occupation of the Waikato Communal Area; and
c: any associated existing structures; and
d: any associated discharges; and
e: any associated disturbance of, and deposition on, the seabed.
6: Nothing in this section prevents the holder of the coastal permit from applying for a change or cancellation of the conditions of the permit under section 127
7: Nothing in this section prevents the consent authority from reviewing the conditions of the coastal permit in terms of section 128
8: In this section, the Waikato Communal Area 352° 805 metres from Trig 23B Section 20A inserted 1 October 2011 section 10 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 20A(8) amended 5 December 2013 section 4 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2013
21: Certain spat catching permits deemed to be coastal permits
1: This section applies to every spat catching permit that—
a: has been granted under section 67Q(2)
b: is in force immediately before the commencement of this Act.
2: On and from the commencement of this Act, every spat catching permit is deemed to be a coastal permit granted by a consent authority under the Resource Management Act 1991
3: The consent authority may decide (and must decide if requested by the holder of a permit) within 12 months after the commencement of this Act whether to commence a review of the conditions of a coastal permit referred to in subsection (2).
3A: The conditions of a coastal permit may be reviewed only once under this section.
3B: If the consent authority decides to commence a review of a coastal permit referred to in subsection (2), it must commence the review within the period specified in subsection (3).
3C: After completing a review commenced under this section, the consent authority may, if it considers it necessary to do so, vary, add, or delete conditions for the purpose of making the conditions consistent with the Resource Management Act 1991
4: In exercising the power in subsection (3C), the consent authority must not amend the species or area covered by the permit.
5: The holder of a coastal permit referred to in subsection (2) may appeal or object under subsection (5A)—
a: against a decision of the consent authority not to review the conditions of the coastal permit, but only if the holder requested the consent authority to review the conditions:
b: against a decision of the consent authority to vary, add, or delete (or not to vary, add, or delete) conditions of the coastal permit, whether or not the holder requested the authority to review the conditions.
5A: The holder of the coastal permit referred to in subsection (2) may—
a: appeal to the Environment Court against the decision, and sections 120 121
b: object to the consent authority against the decision, and sections 357C 357D 358 sections 128 to 132
6: A coastal permit referred to in subsection (2) expires on the same date as the coastal permit that relates to the spat catching permit that is deemed by subsection (2) to be a coastal permit.
7: A coastal permit referred to in subsection (2) does not, of itself, authorise the holder to occupy a coastal marine area. Section 21(3) substituted 1 October 2011 section 11(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 21(3A) inserted 1 October 2011 section 11(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 21(3B) inserted 1 October 2011 section 11(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 21(3C) inserted 1 October 2011 section 11(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 21(4) substituted 1 October 2011 section 11(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 21(5) substituted 1 October 2011 section 11(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 21(5A) inserted 1 October 2011 section 11(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
22: Provision of records to regional councils
The chief executive of the Ministry of Fisheries must, within 3 months after the commencement of this Act, provide to each regional council details of the relevant marine farming permits and spat catching permits to which sections 20 21
23: Regional councils may charge for review
Section 36 sections 10 20 21 section 128
24: Objections to decisions made under sections 20(3) and 21(3)
Section 24 repealed 1 October 2011 section 12 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
25: Completion of certain matters pending at commencement of Act
1: If a person to whom subsection (2) applies makes an application to which subsection (3) applies, the application is to be continued and completed under the principal Act as it was before the commencement of this Act.
1A: Subsection (1) applies subject to section 25A
2: This subsection applies to a person who holds—
a: a coastal permit granted under the Resource Management Act 1991
b: a certificate of compliance granted under that Act to occupy a coastal marine area for marine farming or spat catching.
3: This subsection applies to the following applications if received before but not determined at the commencement of this Act:
a: an application under section 67J
b: an application under section 67Q(2)
c: an application under section 67K
4: A notice of surrender under section 67O
5: A review under section 67P
6: On and from the date on which a matter referred to in this section is completed under the principal Act,—
a: section 20 section 67J
b: section 21 section 67Q(2)
7: For the purposes of subsection (6), sections 20 21
8: A coastal permit granted to a person who has made an application referred to in subsection (3), and that is for the same space and activity as a coastal permit or certificate of compliance referred to in subsection (2), is not invalid because the application in respect of which the coastal permit was granted did not comply with section 12A(1A) Section 25(1) substituted 1 October 2011 section 13(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 25(1A) inserted 1 October 2011 section 13(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 25(8) added 1 October 2011 section 13(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
25A: Assessment of effect on fishing of applications pending at commencement of Act
1: This section applies to an application—
a: to which section 25(1)
b: which, as at the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
2: The chief executive may, in addition to seeking information from the applicant under section 67J(7)
a: any fisher whose interests may be affected if the application is granted; and
b: persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected if the application is granted.
3: The chief executive—
a: may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and
b: is not required to consider or take into account any information received after that date or extended date (as the case may be).
4: The chief executive must—
a: grant the application under section 67J 67K 67Q
b: decline the application under section 67J 67K 67Q
5: However, the chief executive must defer making a decision whether to grant or decline the application under section 67J 67K 67Q
a: the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing other than commercial fishing; but
b: the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on commercial fishing.
6: To avoid doubt, subsections (4) and (5) apply in place of section 67J(8)
7: If subsection (4) applies but subsection (5) does not, the chief executive must give a notice to the applicant and give public notification—
a: stating that the application is granted or declined; and
b: giving the chief executive's reasons for granting or declining the application.
8: If subsection (5) applies, the chief executive must give a notice to the applicant and give public notification accordingly. The notice and public notification must also—
a: specify—
i: the area concerned; and
ii: the stocks subject to the quota management system in the area that are the reason for the chief executive's view under subsection (5)﻿(b); and
b: specify the chief executive's reasons for deciding that subsection (5) applies; and
c: contain a copy, or statement to the effect, of subsections (9) and (10).
9: The chief executive must decline the application, if the applicant does not lodge—
a: an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4)
b: a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4)
10: The chief executive must grant the application and issue the permit if the applicant lodges—
a: an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4)
b: a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4)
11: For the purposes of this section, the reference in section 67J(10) adverse effects on fishing or the sustainability of any fisheries resource adverse effects on fishing
12: Any person wishing to seek, under the Judicial Review Procedure Act 2016
13: The provisions of Part 1
14: In this section,— aquaculture agreement subpart 4 Part 1 commercial fishing section 91 compensation declaration subpart 4 Part 1 public notification section 2(1) Section 25A inserted 1 October 2011 section 14 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 25A(12) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
25B: Information and matters to be considered in relation to applications to which section 25A applies
1: In making a decision under section 25A(4) or (5)
a: information held by the Ministry of Fisheries; and
b: information supplied by the applicant; and
c: information supplied to the chief executive by the persons referred to in section 25A(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
d: other information that the chief executive has requested and obtained.
2: In considering for the purposes of section 25A(4) and (5)
a: the location of the area that the application relates to in relation to areas in which fishing is carried out:
b: the likely effect of the granting of the permit on fishing of any fishery, including the proportion of any fishery likely to become affected:
c: the degree to which the granting of the permit in the area that the application relates to will lead to the exclusion of fishing:
d: the extent to which fishing for a species in the area that the application relates to can be carried out in other areas:
e: the extent to which the granting of the permit will increase the cost of fishing:
f: the cumulative effect on fishing of any authorised aquaculture activities, including any structures authorised before the introduction of any relevant stock to the quota management system.
3: This section applies subject to section 25A(3) Section 25B inserted 1 October 2011 section 14 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
26: Applications after commencement of Act
1: Despite section 19
a: the person holds—
i: a coastal permit to occupy a coastal marine area for the purpose of marine farming or spat catching; or
ii: a certificate of compliance to occupy a coastal marine area for marine farming or spat catching; and
b: the application is—
i: under section 67J
ii: under section 67Q(2)
2: The application must be made and completed under the principal Act as it was before the commencement of this Act.
2A: Subsection (2) applies subject to section 26A
3: If the application is for a marine farming permit and the application is granted, section 20
4: If the application is for a spat catching permit and the application is granted, section 21
5: Subsections (6) and (7) apply to a person who—
a: holds a coastal permit or certificate of compliance to occupy a coastal marine area for the purposes of marine farming or spat catching; and
b: has previously made an application for a marine farming permit or spat catching permit that met the criteria in subsection (1)﻿(b), but which was declined.
6: The person may make 1 further application for a marine farming permit or spat catching permit in accordance with subsection (1) before the date that is 12 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
7: However, if the person has made a subsequent application for a marine farming permit or spat catching permit in accordance with subsection (1) before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
8: In subsections (1)﻿(a) and (5), coastal permit to occupy a coastal marine area for the purpose of marine farming or spat catching
a: a coastal permit to occupy space in the coastal marine area for the purpose of marine farming or spat catching that was in force at the commencement of this Act; or
b: a coastal permit to occupy the same space on the same terms that was granted by a consent authority before the expiry of the consent referred to in paragraph (a).
9: A coastal permit referred to in subsection (8)﻿(b) is not invalid because the application in respect of which it was granted did not comply with section 12A(1A) Section 26(2) substituted 1 October 2011 section 15(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 26(2A) inserted 1 October 2011 section 15(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 26(5) added 1 October 2011 section 15(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 26(6) added 1 October 2011 section 15(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 26(7) added 1 October 2011 section 15(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 26(8) added 1 October 2011 section 15(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 26(9) added 1 October 2011 section 15(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
26A: Assessment of effect on fishing of applications after commencement of Act
1: This section applies to an application—
a: that section 26 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
b: which, if made before the commencement of that Act, has not been determined as at the commencement of that Act.
2: The chief executive may, in addition to seeking information from the applicant under section 67J(7)
a: any fisher whose interests may be affected if the application is granted; and
b: persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected if the application is granted.
3: The chief executive—
a: may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and
b: is not required to consider or take into account any information received after that date or extended date (as the case may be).
4: The chief executive must—
a: grant the application under section 67J 67Q
b: decline the application under section 67J 67Q
5: However, the chief executive must defer making a decision whether to grant or decline the application under section 67J 67Q
a: the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing other than commercial fishing; but
b: the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on commercial fishing.
6: To avoid doubt, subsections (4) and (5) apply in place of section 67J(8)
7: If subsection (4) applies but subsection (5) does not, the chief executive must give a notice to the applicant and give public notification—
a: stating that the application is granted or declined; and
b: giving the chief executive's reasons for granting or declining the application.
8: If subsection (5) applies, the chief executive must give a notice to the applicant and give public notification accordingly. The notice and public notification must also—
a: specify—
i: the area concerned; and
ii: the stocks subject to the quota management system in the area that are the reason for the chief executive's view under subsection (5)﻿(b); and
b: specify the chief executive's reasons for deciding that subsection (5) applies; and
c: contain a copy, or statement to the effect, of subsections (9) and (10).
9: The chief executive must decline the application, if the applicant does not lodge—
a: an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4)
b: a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4)
10: The chief executive must grant the application and issue the permit if the applicant lodges—
a: an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4)
b: a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4)
11: For the purposes of this section, the reference in section 67J(10) adverse effects on fishing or the sustainability of any fisheries resource adverse effects on fishing
12: Any person wishing to seek, under the Judicial Review Procedure Act 2016
13: The provisions of Part 1
14: In this section,— aquaculture agreement subpart 4 Part 1 commercial fishing section 91 compensation declaration subpart 4 Part 1 public notification section 2(1) Section 26A inserted 1 October 2011 section 16 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 26A(12) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
26B: Information and matters to be considered in relation to applications to which section 26A applies
1: In making a decision under section 26A(4) or (5)
a: information held by the Ministry of Fisheries; and
b: information supplied by the applicant; and
c: information supplied to the chief executive by the persons referred to in section 26A(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
d: other information that the chief executive has requested and obtained.
2: In considering for the purposes of section 26A(4) and (5)
a: the location of the area that the application relates to in relation to areas in which fishing is carried out:
b: the likely effect of the granting of the permit on fishing of any fishery, including the proportion of any fishery likely to become affected:
c: the degree to which the granting of the permit in the area that the application relates to will lead to the exclusion of fishing:
d: the extent to which fishing for a species in the area that the application relates to can be carried out in other areas:
e: the extent to which the granting of the permit will increase the cost of fishing:
f: the cumulative effect on fishing of any authorised aquaculture activities, including any structures authorised before the introduction of any relevant stock to the quota management system.
3: This section applies subject to section 26A(3) Section 26B inserted 1 October 2011 section 16 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
27: Order of processing applications and request for aquaculture decision in relation to
1: This section applies in relation to
a: 1 or more applications for permits under section 67J section 67Q(2)
b: a request for an aquaculture decision under section 186D or section 37
2: The applications for permits and request for an aquaculture decision must be dealt with in the following order:
a: first, any application for a permit received before the request for the aquaculture decision:
b: second, the request for an aquaculture decision:
c: third, any application for a permit received after the request for an aquaculture decision. Section 27 heading amended 1 October 2011 section 17(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 27(1) amended 1 October 2011 section 17(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 27(1)﻿(b) amended 1 October 2011 section 17(3) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
28: Lapsing of parts of coastal permit
1: This section applies to the following permits held by the same person:
a: a marine farming permit or spat catching permit that is deemed to be a coastal permit under section 20 section 21
b: a coastal permit granted under the Resource Management Act 1991
i: is in force immediately before the commencement of this Act; and
ii: applies to the area or part of the area and 1 or more of the species of fish, aquatic life, or sea-weed that the permit referred to in paragraph (a) relates to.
2: If the permits do not apply to the same species of fish, aquatic life, or seaweed, then the coastal permit referred to in subsection (1)﻿(b)—
a: has effect only in relation to the species of fish, aquatic life, or seaweed that the permit referred to in subsection (1)﻿(a) applies to; and
b: is to be treated as having lapsed in relation to the species of fish, aquatic life, or seaweed that the permit referred to in subsection (1)﻿(a) does not apply to.
3: If the permits do not apply to the same area, then the coastal permit referred to in subsection (1)﻿(b)—
a: has effect only in relation to the area that the permit referred to in subsection (1)﻿(a) applies to; and
b: is to be treated as having lapsed in relation to the area that the permit referred to in subsection (1)﻿(a) does not apply to.
29: Holder of deemed coastal permit to be treated as holder of fish farmer registration pending registration by chief executive
1: The holder of a deemed coastal permit under section 20 section 21 Part 9A
2: Within 12 months after the commencement of this Act, the chief executive must register the holder of the deemed coastal permit as a fish farmer under section 186V
30: Application to register fish farmer deferred pending decision on permit
1: The chief executive must not grant or decline an application under section 186S
a: the applicant has a resource consent to use the space concerned as a fish farm that was granted—
i: before the commencement of this Act; or
ii: under an application to which section 50
b: the applicant—
i: has not made an application under section 67J section 67Q(2)
ii: has made an application under section 67J section 67Q(2)
2: If the applicant makes or has made an application under section 67J section 67Q(2) section 186S
3: This section does not prevent the chief executive from granting or declining an application under section 186S section 67J section 67Q(2)
31: Application to register as fish farmer to be declined if marine farming permit or spat catching permit declined
1: The chief executive must decline an application under section 186S
a: has made an application under section 67J section 67Q(2)
b: the chief executive has declined the application.
2: This section does not prevent the chief executive from granting or declining an application under section 186S section 67J section 67Q(2)
32: Levies
1: Subsection (2) applies to a levy or fee under the Fisheries (Cost Recovery Levies for Fisheries Services) Order 2004
a: a marine farming permit under section 67J
b: a spat catching permit under section 67Q(2)
2: A levy or fee that is, immediately before the commencement of this Act, payable but unpaid remains payable even though the permit is deemed to be a coastal permit under section 20 section 21 Revocation
33: Revocation of Freshwater Fish Farming Regulations 1983
1: The Freshwater Fish Farming Regulations 1983
2: All licences granted under the Freshwater Fish Farming Regulations 1983
3: Section 2(1) fish farm fish farmer
4: Sections 186ZA 301
5: On and from the commencement of this section the holder of a fish-farm licence immediately before the commencement of this section is to be treated as if the holder were registered as a fish farmer under section 186S
6: The chief executive must, within 12 months after the commencement of this section, register without an application or payment of the prescribed fee the holder of a fish-farm licence under the Freshwater Fish Farming Regulations 1983
7: An application for a fish-farm licence under regulation 6 section 186R OIC Freshwater Fish Farming Regulations 1983 OIC Fisheries Act 1996 Transitional provisions relating to end of moratorium under Resource Management Act 1991
34: Resource Management Act 1991 called principal Act in sections 35 to 54
In sections 35 to 54 the principal Act Interim aquaculture management areas
35: Interpretation
In sections 36 to 54 agreed space sections 44B to 44D aquaculture agreement subpart 4 Part 2 3 aquaculture decision chief executive commercial fishing section 2(1) compensation declaration subpart 4 Part 2 3 determination Gazetted
a: described and defined in a Gazette section 44(3) or (6) section 44N
b: that is deemed to be a Gazetted section 44M section 44N identified space section 44E(1) interim aquaculture management area
a: means a coastal marine area described in an Order in Council made under section 150C section 36
b: does not include a coastal marine area described in paragraph (a) that became an aquaculture management area under this Act before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 iwi aquaculture organisation section 33 recognised iwi organisation section 5 reservation settlement assets section 5 trustee section 33 Section 35 agreed space inserted 1 October 2011 section 18(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 35 aquaculture agreement inserted 1 October 2011 section 18(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 35 commercial fishing inserted 1 October 2011 section 18(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 35 compensation declaration inserted 1 October 2011 section 18(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 35 Gazetted inserted 1 October 2011 section 18(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 35 identified space inserted 1 October 2011 section 18(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 35 interim aquaculture management area substituted 1 October 2011 section 18(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 35 iwi aquaculture organisation inserted 1 October 2011 section 18(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 35 recognised iwi organisation inserted 1 October 2011 section 18(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 35 settlement assets added 1 October 2011 section 18(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 35 trustee added 1 October 2011 section 18(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
36: Interim aquaculture management areas declared by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, declare a coastal marine area described in the order to be an interim aquaculture management area.
2: The Minister must not make a recommendation unless—
a: the regional council concerned has requested the Minister to make the recommendation; and
b: a regional coastal plan or proposed regional coastal plan—
i: has, before the commencement of this Act, been notified under clause 5
ii: applies to the coastal marine area to be described in the Order in Council; and
c: the Minister is satisfied that he or she has received adequate information to base a recommendation on; and
d: the Minister is satisfied that—
i: the regional coastal plan or the proposed regional coastal plan provides for aquaculture activities as a controlled or restricted discretionary or discretionary or non-complying activity in the area that the request relates to; and
ii: the provisions of the plan or proposed plan adequately address the adverse effects (including cumulative effects) on the environment (other than fisheries resources) of the occupation of a coastal area and of aquaculture activities.
3: The Minister must make a recommendation under subsection (1) within 3 months after receiving a request if the Minister is not prevented by subsection (2) from making the recommendation.
4: For the purposes of subsection (3), section 37
37: Application for aquaculture decision in relation to interim aquaculture management area
1: A regional council may request the chief executive to make an aquaculture decision in relation to an interim aquaculture management area.
2: However, a regional council must not make a request in relation to an area to which section 39(1)﻿(a) Section 37(2) amended 1 October 2011 section 19 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
38: Chief executive to make aquaculture decision
1: Within 6 months after receiving a request for an aquaculture decision under section 37
a: make a determination; or
b: make a reservation; or
c: make 1 or more determinations or reservations or both in relation to different parts of the area.
2: The chief executive may request the regional council that requested the aquaculture decision and any person whose interests may be affected to provide him or her with further information about the effects that the interim aquaculture management area would have on access to or displacement of fishing or the sustainability of fisheries resources.
3: For the purposes of subsection (1), the period beginning on the day when a request for further information is made and ending on the day when the information is provided is excluded from the 6-month period referred to in subsection (1).
4: Before making an aquaculture decision, the chief executive must—
a: consult the persons and organisations that the chief executive considers represent the classes of persons having a customary, commercial, or recreational fishing interest in the interim aquaculture management area; and
b: consider any submissions made by those persons and organisations.
39: Aquaculture decisions must not be made in relation to certain areas
1: The chief executive must not make an aquaculture decision if the decision would apply to an area for which—
a: a coastal permit under the principal Act authorises occupation for the purposes of an aquaculture activity; or
b: a deemed coastal permit under section 10 section 20 section 21
c: an application for a coastal permit under the principal Act to occupy a coastal marine area for the purpose of an aquaculture activity
2: However, subsection (1)﻿(c) does not apply to the following applications:
a: applications to which section 150B(2)
b: applications made in the period beginning on 1 January 2005 and ending with the close of 9 May 2006. Section 39(1)﻿(c) amended 28 September 2008 section 4(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2008 Section 39(2) added 28 September 2008 section 4(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2008
40: Matters to be considered by chief executive
In deciding whether to make a determination or reservation, the chief executive must have regard only to the following matters:
a: the effect of the interim aquaculture management area on—
i: the biological diversity of the aquatic environment:
ii: the productivity and biological abundance of fisheries resources:
iii: habitats of known significance for fisheries management:
b: the location of the interim aquaculture management area in relation to areas in which fishing is carried out:
c: the effect of the interim aquaculture management area on fishing of any fishery, including the proportion of any fishery likely to become affected:
d: the degree to which aquaculture activities within the interim aquaculture management area will lead to the exclusion of fishing:
e: the extent to which fishing for a species in the interim aquaculture management area can be carried out in other areas:
f: the extent to which the interim aquaculture management area will increase the cost of fishing:
g: the cumulative effect on fishing of any previous aquaculture activities.
41: Requirements for aquaculture decision
1: An aquaculture decision must—
a: be in writing; and
b: define the areas that are subject to the decision; and
c: provide reasons for the decision; and
d: if the decision is a determination based on a rule in a regional coastal plan or proposed regional coastal plan that relates to the character, intensity, or scale of occupation of the interim aquaculture management area by aquaculture activities,—
i: specify the rule; and
ii: state that the rule may not be revoked or amended until the chief executive makes a further aquaculture decision in relation to the area affected by the revocation or amendment; and
e: be notified to the regional council.
2: If the chief executive makes a reservation, the reservation must also include—
a: whether the reservation relates to customary, recreational, or commercial fishing or a combination of them; and
b: if the reservation relates only to commercial fishing, the stocks and areas concerned, specifying any stocks subject to the quota management system, any stocks or species specified in Schedules 4C 4D
c: any other matters required by regulations to be included.
3: The chief executive must—
a: publicly notify the fact that he or she has made a determination or reservation; and
b: in the notice published for that purpose, include—
i: the information specified in subsections (1) and (2); and
ii: information about where a copy of the determination or reservation can be obtained.
42: Aquaculture decisions made after commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
1: An aquaculture decision made after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
2: Subsection (1) applies—
a: whether the request for the aquaculture decision was made before or after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
b: whether the aquaculture decision is made as a result of proceedings in relation to an aquaculture decision made before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 42 substituted 1 October 2011 section 20 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
43: Judicial review of aquaculture decision
Any person wishing to seek, under the Judicial Review Procedure Act 2016 30 working days Section 43 amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 43 amended 1 October 2011 section 21 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
43A: Applications in interim aquaculture management area
1: A person must not apply for a coastal permit to occupy space in an interim aquaculture management area for the purpose of aquaculture activities unless the chief executive has made—
a: a reservation in relation to the space that relates to customary, recreational, or commercial fishing for stocks or species that are not subject to the quota management system; or
b: a reservation in relation to the space that relates to commercial fishing for stocks that are subject to the quota management system and the space has become a Gazetted
c: a reservation in relation to the space that relates to commercial fishing for stocks that are subject to the quota management system and—
i: the regional council has notified the chief executive that it has completed its allocation of authorisations to the trustee under sections 44B to 44D section 44E
ii: the period for filing an aquaculture agreement or a compensation declaration in relation to the space has expired and no aquaculture agreement or compensation declaration has been lodged; or
d: a determination in relation to the space and the space has become a Gazetted
2: This section does not affect applications made in the interim aquaculture management area before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 43A inserted 1 October 2011 section 22 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44: Effect of aquaculture decision in relation to interim aquaculture management area
1: A regional council must, after being notified of an aquaculture decision in relation to an interim aquaculture management area,—
a: comply, as soon as practicable, with sections 44B to 44D section 44E
b: notify the chief executive, immediately, when it has completed its allocation of authorisations to the trustee under those provisions.
2: Subsection (1) applies whether the aquaculture decision is made before or after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
3: On receipt of a notice under subsection (1)﻿(b), the chief executive must,—
a: if the chief executive made a determination in relation to the interim aquaculture management area (whether the whole area or part of it), publish a notice in the Gazette
b: if the chief executive made a reservation in relation to commercial fishing for stocks subject to the quota management system in relation to the interim aquaculture management area (whether the whole area or part of it), give public notification that any application for a coastal permit to undertake aquaculture activities in the area that the reservation relates to will be cancelled (unless already cancelled under section 44D(5) 44E(7)
4: Subpart 4 Part 2
5: Subsection (6) applies if, before the expiry of the period specified in subsection (3)﻿(b) or section 44J 44K
6: If this subsection applies, the chief executive must, as soon as practicable after the aquaculture agreement or compensation declaration is lodged, publish a notice in the Gazette Section 44 substituted 1 October 2011 section 23 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Allocation of authorisations to trustee Heading inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44A: Overview of sections 44B to 44L
1: The purpose of sections 44B to 44L
2: Sections 44B to 44D
3: Sections 44E to 44H section 44B(2)
4: Sections 44E to 44H section 44B(2)
5: Sections 44I to 44L or compensation declarations Section 44A inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44B: Notifications of period to negotiate and enter into agreement about 20% space
1: A regional council that is required to comply with this section must notify the persons specified in subsection (2) that they have the period specified in subsection (3) to negotiate to enter into an agreement identifying 20% of the space referred to in section 44A(1)
2: The persons who must be notified under subsection (1) are—
a: the trustee; and
b: any person who has applied for a coastal permit in relation to the space referred to in section 44A(1)
3: The period for negotiation is 6 months beginning on the day after the date on which the persons specified in subsection (2) are notified under subsection (1).
4: The period of 6 months specified in subsection (3) may, before the period expires, be extended by the regional council for a further 3 months if the regional council is satisfied that—
a: reasonable steps have been taken to reach an agreement; and
b: more time is required to reach an agreement. Section 44B inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44C: Trustee to notify iwi aquaculture organisations of notice received from regional council
1: The trustee must, as soon as practicable after receiving a notice under section 44B
2: If the notice received by the trustee relates to a regional coastline or harbour in respect of which the trustee has not made its determination as to settlement assets allocation entitlements under the Maori Commercial Aquaculture Claims Settlement Act 2004, then, in the notice given under subsection (1), the trustee must undertake to negotiate, on behalf of the iwi aquaculture organisations for all the iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1) section 44B(2) section 44A(1)
3: If the notice received by the trustee relates to a regional coastline or harbour in respect of which the trustee has made its determination as to settlement assets allocation entitlements under the Maori Commercial Aquaculture Claims Settlement Act 2004
a: the iwi aquaculture organisations themselves intend to negotiate an agreement; or
b: the iwi aquaculture organisations authorise the trustee to negotiate on their behalf. Section 44C inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44D: Position at conclusion of negotiations
1: If, at the conclusion of the period for negotiations, there is no agreement, the regional council must proceed to comply with section 44E
2: If, at any time before the conclusion of the period for negotiations, there is an agreement that is in writing, signed by the parties to it, and delivered to the regional council, then the regional council—
a: is not required to comply with section 44E
b: must allocate to the trustee authorisations for the agreed space, in accordance with the agreement, as soon as practicable after receiving the agreement.
3: In subsection (2), parties
a: where the trustee has not made its determination as to settlement assets allocation entitlements,—
i: the trustee in order to confirm that the agreement has been entered into by the iwi aquaculture organisations for all the iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1)
ii: the iwi aquaculture organisations referred to in subparagraph (i); and
iii: any applicant for a coastal permit in the space referred to in section 44A(1)
b: where the trustee has made its determination as to settlement assets allocation entitlements,—
i: the trustee in order to confirm that the agreement has been entered into by all the iwi aquaculture organisations with an interest in the authorisations, in accordance with the determination of settlement assets allocation entitlements; and
ii: the iwi aquaculture organisations referred to in subparagraph (i); and
iii: any applicant for a coastal permit in the space referred to in section 44A(1)
4: For the purposes of this section, any space referred to in section 44A(1)
5: An application to which section 47A section 150B(2) Section 44D inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44E: Allocation of authorisations to trustee
1: A regional council that is required to comply with this section under section 44D(1) section 44A(1)
2: The identified space must be representative of all the space in the space referred to in section 44A(1)
3: The regional council must allocate to the trustee authorisations for the identified space as soon as practicable after the date on which the space is identified.
4: For the purposes of this section, any space in the space referred to in section 44A(1)
5: If the space referred to in section 44A(1) section 44A(1)
6: In identifying whether space is representative for the purposes of this section, a regional council must have regard to—
a: the overall productive capacity of the space referred to in section 44A(1)
b: the provisions of any regional coastal plan or proposed regional coastal plan that relate to the space referred to in section 44A(1)
7: An application to which section 47A section 150B(2)
8: This section applies subject to sections 44F 44G Section 44E inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44F: Space to be allocated must be of economic size
1: The space identified under section 44E
2: However, if it is not possible for a regional council to comply with subsection (1), the regional council must identify space that is of an economic size even though the space is not representative.
3: However, if it is not possible for a regional council to comply with subsection (2), the regional council must identify space that comprises a single area.
4: Space identified under subsection (2) or (3) must not have less than average productive capacity compared with the space referred to in section 44A(1) Section 44F inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44G: Allocation of authorisations to trustee in relation to staged developments and harbours
1: For the purposes of section 44E section 44A(1)
a: to comply with section 44E(1) section 44A(1)
b: to comply with section 44E(2) section 44A(1)
c: to comply with section 44E(3)
2: The identification of space in a staged development under section 44E(1)
3: If the space to which a staged development applies is not made available for the allocation of authorisations or applications for coastal permits, the regional council must not allocate authorisations for that space to the trustee.
4: In this section,— harbour Schedule 2 staged development Section 44G inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44H: Appeal to Environment Court against regional council's decision
1: The following persons may appeal to the Environment Court against a decision of a regional council under any of sections 44E 44F 44G
a: an applicant for a coastal permit in the identified space:
b: the trustee:
c: an iwi aquaculture organisation or recognised iwi organisation for an iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1)
2: An appeal under this section must be filed within 15 working days after the public notice is given under section 44E(1)
3: The Environment Court may confirm, amend, or cancel the decision of the regional council appealed against. Section 44H inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44I: Application for coastal permits for occupation of space referred to in section 44A(1) subject to reservation relating to commercial fishing for stocks subject to quota management system
1: This section applies to agreed space or identified space if—
a: authorisations for the space have been allocated to the trustee under section 44D(2)﻿(b) 44E
b: the agreed or identified space is subject to a reservation relating to commercial fishing for stocks subject to the quota management system.
2: The only person who may apply for a coastal permit to occupy the agreed space or identified space for aquaculture activities is the holder of—
a: an authorisation for the space, being an authorisation allocated under section 44D(2)﻿(b) 44E
b: either—
i: an aquaculture agreement registered under section 186ZH
ii: a compensation declaration registered under section 186ZHA Section 44I inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44J: Time within which iwi aquaculture organisation may lodge aquaculture agreement or compensation declaration if trustee not authorised to enter into aquaculture agreement or provide compensation
1: This section applies if—
a: authorisations for space have been allocated to the trustee under section 44D(2)﻿(b) 44E
b: the space is subject to a reservation relating to commercial fishing for stocks subject to the quota management system; and
c: the trustee has not been authorised to enter into an aquaculture agreement or provide compensation under section 44K
2: The trustee must notify in writing the chief executive of the Ministry of Fisheries as soon as practicable after—
a: the trustee has recognised iwi aquaculture organisations for all the iwi with an interest in the authorisations; and
b: the trustee has determined the entitlements for all those iwi in relation to the regional coastline or harbour to which the space referred to in section 44A(1)
3: The chief executive must, as soon as practicable after receiving the notice under subsection (2), notify in writing the trustee and every iwi aquaculture organisation and the regional council concerned of the receipt of the notice.
4: An iwi aquaculture organisation must lodge an aquaculture agreement or a compensation declaration in respect of any agreed or identified space that is subject to a reservation in relation to commercial fishing for stocks subject to the quota management system within 6 months after the date of the notice given by the chief executive under subsection (3).
5: Subpart 4 Part 3 Section 44J inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44K: Time within which trustee may lodge aquaculture agreement or compensation declaration on behalf of all recognised iwi aquaculture organisations concerned
1: This section applies if—
a: authorisations for space have been allocated to the trustee under section 44D(2)﻿(b) 44E
b: the agreed or identified space is subject to a reservation relating to commercial fishing for stocks subject to the quota management system.
2: The trustee must notify in writing the chief executive of the Ministry of Fisheries as soon as practicable after—
a: the trustee has recognised iwi aquaculture organisations for all the iwi in relation to the regional coastline or harbour to which the aquaculture space belongs; and
b: all the iwi aquaculture organisations referred to in paragraph (a) have authorised the trustee to enter into an aquaculture agreement on behalf of all the iwi aquaculture organisations or to provide compensation in accordance with sections 186ZN 186ZQ
3: The chief executive must, as soon as practicable after receiving the notice, notify in writing the trustee and every iwi aquaculture organisation and the regional council concerned of the receipt of the notice.
4: An aquaculture agreement or compensation declaration in respect of any of the agreed or identified space that is subject to a reservation in relation to commercial fishing for stocks subject to the quota management system must be lodged within 6 months after the date of the notice given by the chief executive under subsection (3).
5: Subpart 4 Part 3 Section 44K inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44L: When authorisations allocated to trustee lapse
1: Section 165T
2: However, an authorisation allocated under this Act does lapse if—
a: a regional coastal plan provides that all aquaculture activities are prohibited activities in the space that is subject to the authorisation; or
b: the authorisation is for space that is subject to a reservation relating to commercial fishing for stocks subject to the quota management system and no aquaculture agreement or compensation declaration is lodged in respect of the space within the time required by section 44J 44K
3: If an authorisation allocated under this Act is transferred and (as a result of the transfer) it ceases to be a settlement asset, the authorisation lapses 2 years after the date on which the holder gives a notice of transfer of the authorisation to the regional council under section 165S Section 44L inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Gazetted aquaculture areas Heading inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44M: Areas that became aquaculture management areas before commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 become
Gazetted
1: An area of the coastal marine area that became an aquaculture management area under section 44 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Gazetted
2: To avoid doubt, sections 44 44A to 44L
3: As soon as practicable after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Gazette Gazetted
4: Subsection (1) does not apply to an area of the coastal marine area—
a: in relation to which the chief executive of the Ministry of Fisheries granted an application for a marine farming permit under section 67J
b: which became an aquaculture management area under section 52(3)
5: To avoid doubt, subsection (4) does not affect the application of section 186GA(a) section 107F(2)﻿(a)
6: This section applies subject to section 44O Section 44M inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44N: Further provisions relating to
Gazetted
1: A regional council must amend a regional coastal plan or proposed regional coastal plan—
a: to remove any interim aquaculture management area or any space from an interim aquaculture management area that is subject to a reservation for—
i: customary fishing, recreational fishing, or commercial fishing for stocks that are not subject to the quota management system:
ii: commercial fishing for stocks that are subject to the quota management system and an aquaculture agreement or compensation declaration has not been lodged within the required time:
b: to change any references to any space in an interim aquaculture management area that becomes a Gazetted Gazetted
c: if an aquaculture management area is deemed by section 44M Gazetted Gazetted
d: if an aquaculture management area has not been deemed by section 44M Gazetted
2: The regional council must notify the chief executive before a proposed regional coastal plan becomes operative under the principal Act if the plan provides that all aquaculture activities are prohibited activities in any space in a Gazetted
3: As soon as practicable after receiving a notice under subsection (2), the chief executive must publish a notice in the Gazette
a: amends the Gazetted Gazetted Gazetted
b: takes effect from the operative date of the plan.
4: Schedule 1 Section 44N inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
44O: Special provisions in relation to regional coastal plan of Waikato Regional Council
1: This section applies in relation to space in the coastal marine area of the region of the Waikato Regional Council if—
a: the space is in an area that is deemed to be a Gazetted section 44M
b: the Waikato Regional Council has not, under section 9(1) Maori Commercial Aquaculture Claims Settlement Amendment Act 2011
2: Before space becomes available for aquaculture activities, the Waikato Regional Council must comply with sections 44B to 44D section 44E sections 44B to 44L
a: with any necessary modifications; and
b: as if references to space referred to in section 44A(1)
3: For the purposes of subsection (2), space in a Gazetted
a: if, at the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
b: if, at the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 44O inserted 1 October 2011 section 24 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Deemed aquaculture management areas
45: Status of former deemed aquaculture management areas
1: To avoid doubt, on and from the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
2: Subsection (3) applies to a coastal permit that relates to a deemed aquaculture management area that ceases to exist under subsection (1).
3: The coastal permit is not to be treated as invalid because—
a: the area to which it relates was not in an aquaculture management area in a regional coastal plan at the time it was granted; or
b: it relates to a species of fish or aquatic life, or contains conditions, that are different from those that applied to a deemed coastal permit under section 10 20 21 Section 45 substituted 1 October 2011 section 25 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Existing applications and coastal permits
46: Pending applications where moratorium ends before 31 December 2004
1: This section applies to an application—
a: that section 150B(2)
b: only to the extent that it relates to an area that an Order in Council made under section 150C(1)
2: At the end of the moratorium, a consent authority must—
a: resume processing an application; and
b: process and determine the application under rules in the regional coastal plan, and in any proposed regional coastal plan, as at the end of the moratorium.
3: For the purposes of subsection (1), rules in a proposed regional coastal plan include any rule prohibiting an activity if the plan has been notified under clause 5
4: Subsection (3) applies subject to section 20
47: Pending applications where moratorium ends on close of 31 December 2004
1: This section applies to an application—
a: that section 150B(2)
b: only to the extent that it relates to an area for which the moratorium expires on the close of 31 December 2004.
2: After the end of the moratorium, a consent authority must resume processing the application, but only if and to the extent that—
a: the application does not relate to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and
b: if the application relates to an area in relation to which an aquaculture decision was required to be made under section 38 Gazetted
3: A consent authority must cancel the application if and to the extent that the application relates to an area in respect of which the chief executive was required to make an aquaculture decision under section 38
a: made a reservation relating to—
i: the sustainability of fisheries resources or effects on customary or recreational fishing; or
ii: commercial fishing for stocks not subject to the quota management system; or
b: made a reservation relating to commercial fishing for stocks subject to the quota management system and the applicant has not lodged an aquaculture agreement or compensation declaration within the time specified in section 44(3)﻿(b)
4: The application is deemed to be cancelled on and from 31 December 2014 to the extent that, by that date,—
a: it has been unable to be processed because it relates to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and
b: a regional coastal plan continues to provide that the aquaculture activity that the application relates to is a prohibited activity in the area that the application relates to; and
c: no proposed regional coastal plan has been notified under clause 5
5: An application that is not cancelled under subsection (4) because a proposed regional coastal plan has been notified in which the aquaculture activity that the application relates to is not prohibited is cancelled,—
a: if the proposed plan is withdrawn, on the date on which the plan is withdrawn; or
b: if the proposed plan is amended to provide that aquaculture is a prohibited activity, on the date on which the decision is made that results in the amendment.
6: Subsections (2) to (5) are subject to subsection (7).
7: If the application is one that is referred to in Schedule 3
a: the applicant requests the consent authority to resume processing the applicant's application before that date; and
b: either—
i: processing of the other applications referred to in Schedule 3
ii: any earlier applications, in relation to which processing has not resumed, have been withdrawn. Section 47 substituted 1 October 2011 section 26 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
47A: Applications made from 1 January 2005 to 10 May 2006
1: This section applies to an application for a coastal permit for the occupation of space in the coastal marine area for the purpose of aquaculture activities made on or after 1 January 2005 but before 10 May 2006.
2: After the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
a: the application does not relate to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and
b: if the application relates to an area in relation to which an aquaculture decision was required to be made under section 38 Gazetted
3: A consent authority must cancel the application if and to the extent that the application relates to an area in respect of which the chief executive was required to make an aquaculture decision under section 38
a: made a reservation relating to—
i: the sustainability of fisheries resources or effects on customary or recreational fishing; or
ii: commercial fishing for stocks not subject to the quota management system; or
b: made a reservation relating to commercial fishing for stocks subject to the quota management system and the applicant has not lodged an aquaculture agreement or compensation declaration within the time specified in section 44(3)﻿(b)
4: The application is deemed to be cancelled on and from 28 September 2018 to the extent that, by that date,—
a: it has been unable to be processed because it relates to an aquaculture activity that is a prohibited activity in the area of the coastal marine area that the application relates to; and
b: a regional coastal plan continues to provide that the aquaculture activity that the application relates to is a prohibited activity in the area that the application relates to; and
c: no proposed regional plan has been notified under clause 5
5: An application that is not cancelled under subsection (4) because a proposed regional coastal plan has been notified in which the aquaculture activity that the application relates to is not prohibited is cancelled,—
a: if the proposed plan is withdrawn, on the date on which the plan is withdrawn; or
b: if the proposed plan is amended to provide that aquaculture is a prohibited activity, on the date on which the decision is made that results in the amendment. Section 47A inserted 1 October 2011 section 26 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
47B: Processing of applications that sections 47 and 47A apply to
1: This section applies to applications that sections 47 47A
2: Applications that can be processed under section 47(2) 47A(2)
a: under the provisions in the principal Act and in the regional coastal plan and any proposed regional coastal plan applying at the time the consent authority resumes processing the application; but
b: from the stage they had reached immediately before their processing and determination were prevented under the principal Act.
3: For the purposes of subsection (2)﻿(b), the provisions of the principal Act apply subject to the following:
a: any action taken under a provision of the principal Act that has been amended since the date of the action is to be treated as having occurred under any corresponding provision in the principal Act in force at the time that processing of an application resumes:
b: the period during which the application was unable to be processed is excluded from any period of time in a provision of the principal Act:
c: section 36AA section 360(1)﻿(hj)
d: the following periods are excluded from any applicable provision listed in section 88B(2)
i: if a request for further information under section 92(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
ii: if a request for further information under section 92(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
e: if the consent authority requests or has requested further information under section 92(1) section 95
f: the application lapses if—
i: the consent authority has requested further information under section 92(1)
A: the date of the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
B: the date on which the request is made, if the request is the first request made after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
ii: the consent authority requests subsequent information under section 92(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
4: To avoid doubt, section 159 sections 47 47A Section 47B inserted 1 October 2011 section 26 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
47C: Some applications for coastal permits must be cancelled
A consent authority must cancel an application for a coastal permit for the occupation of space in the coastal marine area for the purpose of aquaculture activities if the application is made after 9 May 2006, but before the commencement of the Resource Management Amendment Act 2008 1991 No 69 s 165BB Section 47C inserted 1 October 2011 section 26 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
47D: Applications for coastal permits for aquaculture activities in deemed aquaculture management area made before but not finally disposed of at commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
1: Subsection (2) applies to an application for a coastal permit under the principal Act to undertake aquaculture activities in a deemed aquaculture management area made before, but not finally disposed of at, the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
2: The application is to be determined under the principal Act as if the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
a: does not have to relate to an aquaculture management area in a regional coastal plan; and
b: is not limited by the fish, aquatic life, or seaweed referred to in the deemed coastal permit under section 10 20 21
3: For the purposes of this section, an application is not finally disposed of until—
a: the application is determined; and
b: either—
i: any appeals from the determination are completed; or
ii: the time for lodging an appeal against the determination has expired. Section 47D inserted 1 October 2011 section 26 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
47E: Applications for coastal permits for aquaculture activities in aquaculture management area being processed at commencement of Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
1: This section applies to an application for a coastal permit for the occupation of space in the coastal marine area for the purpose of aquaculture activities if—
a: the application is an application referred to in section 47(1) 47A(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
b: the application is not an application referred to in section 47(1) 47A(1)
2: The application is to be determined as if the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Resource Management Amendment Act (No 2) 2011 Section 47E inserted 1 October 2011 section 26 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
47F: Processing of certain applications deferred
1: This section applies to an application for a coastal permit for the occupation of space for the purpose of aquaculture activities that is made on or after the date of commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Schedule 3
2: A consent authority must not process or determine the application until the time that processing of all the applications referred to in Schedule 3 Section 47F inserted 1 October 2011 section 26 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
48: Certain coastal permits granted during moratorium not to be exercised until end of moratorium
1: This section applies to a coastal permit if—
a: the application for the permit was notified during the moratorium but before the commencement of the Resource Management (Aquaculture Moratorium) Amendment Act 2002
b: the consent authority decided, during the moratorium but before the commencement of the Resource Management (Aquaculture Moratorium) Amendment Act 2002, not to notify the application for the permit.
2: However, this section does not apply to a coastal permit for aquaculture activities that relates to a coastal marine area that, immediately before the moratorium, was subject to—
a: a coastal permit; or
b: a marine farming lease or licence under the Marine Farming Act 1971
3: No person may do anything under a coastal permit until the moratorium has expired in relation to the area that the permit relates to.
4: At the end of the moratorium, a regional council may—
a: review the conditions in a coastal permit; and
b: amend the conditions so that they comply with the rules in the regional coastal plan and any proposed regional coastal plan that apply at the end of the moratorium.
5: If a coastal permit relates to a restricted coastal activity, section 119A
6: At the end of the moratorium,—
a: no person may carry on any aquaculture activities under a coastal permit in any area in which aquaculture is prohibited; and
b: the coastal permit ceases to have any effect and is deemed to be cancelled.
7: For the purposes of section 125
a: the day after the date on which the moratorium ceases to apply to the coastal permit; or
b: the day after the date on which the regional council notifies the holder of the permit of the result of a review under subsection (4).
8: Sections 357A 357C 357D 358 Section 48(8) amended 1 October 2011 section 27 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
49: Preferential right for deemed permit holder to apply for coastal permit for occupation
1: Subsection (2) applies if—
a: a person holds a lease or licence that is deemed to be a coastal permit by section 10
b:
c: the person is giving effect to the deemed coastal permit.
2: No person, other than the permit holder, may apply for a coastal permit to occupy the area that the deemed coastal permit relates to.
3: However, subsection (2) does not apply if—
a: the permit holder consents in writing to the application; or
b: the coastal permit has expired and—
i: the holder of the permit has not applied for a new coastal permit to occupy the same area to undertake an aquaculture activity; or
ii: the holder of the permit has applied for a new coastal permit for the same area and the application has been refused and all appeals against the refusal have been withdrawn or dismissed; or
c: the coastal permit has lapsed under section 125
d: the coastal permit has been cancelled under section 126
e: the coastal permit has been surrendered under section 138
4: This section does not limit or affect section 165ZH Section 49(1)﻿(b) repealed 1 October 2011 section 28(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 49(4) amended 1 October 2011 section 28(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Pre-moratorium and pre-commencement applications for coastal permits
50: Pre-moratorium and pre-commencement applications for coastal permits not subject to moratorium
1: Subsection (2) applies to an application for a coastal permit under the principal Act to occupy a coastal marine area for aquaculture activities if the application—
a: was made before the commencement of this Act; and
b: is not subject to section 150B(2)
c: has not been determined or withdrawn before the commencement of this Act.
2: An application to which this subsection applies must be determined under the principal Act as it was before the commencement of this Act
3: A person who has made an application that subsection (2) applies to may apply, or continue with an application, for a marine farming permit under section 67J section 67Q(2)
4: An application under subsection (3) lapses if the application to which subsection (2) applies is—
a: withdrawn; or
b: declined and any appeal in relation to the declined application has been unsuccessful or withdrawn ; or
c: granted and any appeal in relation to the granted application is successful.
5: If an application that subsection (2) applies to is granted, the application under subsection (3) must be determined under Part 4A
5A: Subsection (5) applies subject to section 50A
6: If the application is for a marine farming permit and the application is granted, section 20
7: If the application is for a spat catching permit and the application is granted, section 21
8: Subsections (9) and (10) apply to a person who has—
a: made an application that subsection (2) applies to, whether or not that application has been granted; and
b: previously made an application for a marine farming permit or spat catching permit that met the criteria in subsection (3), but which was declined.
9: The person may make 1 further application for a marine farming permit or spat catching permit in accordance with subsection (3) before the date that is 12 months after the date of commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
10: However, if the person has made a subsequent application for a marine farming permit or spat catching permit in accordance with subsection (3) before the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 50(2) amended 1 October 2011 section 29(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 50(4)﻿(b) amended 1 October 2011 section 29(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 50(4)﻿(c) added 1 October 2011 section 29(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 50(5) substituted 1 October 2011 section 29(3) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 50(5A) inserted 1 October 2011 section 29(3) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 50(8) added 1 October 2011 section 29(4) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 50(9) added 1 October 2011 section 29(4) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 50(10) added 1 October 2011 section 29(4) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
50A: Assessment of effect on fishing of applications to which section 50(3) applies
1: This section applies to an application under section 67J 67Q(2) section 50(3)
a: whether the application is made before, on, or after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
b: which, if made before the commencement of that Act, has not been determined as at the commencement of that Act.
2: The chief executive may, in addition to seeking information from the applicant under section 67J(7)
a: any fisher whose interests may be affected if the application is granted; and
b: persons and organisations that the chief executive considers represent the classes of persons who have customary, commercial, or recreational fishing interests that may be affected if the application is granted.
3: The chief executive—
a: may set a date by which information must be provided and may grant 1 or more extensions of that date if he or she considers it necessary to do so; and
b: is not required to consider or take into account any information received after that date or extended date (as the case may be).
4: The chief executive must—
a: grant the application under section 67J 67Q
b: decline the application under section 67J 67Q
5: However, the chief executive must defer making a decision whether to grant or decline the application under section 67J 67Q
a: the chief executive is satisfied that the activities contemplated by the application would not have an undue adverse effect on fishing other than commercial fishing; but
b: the chief executive is not satisfied that the activities contemplated by the application would not have an undue adverse effect on commercial fishing.
6: To avoid doubt, subsections (4) and (5) apply in place of section 67J(8)
7: If subsection (4) applies but subsection (5) does not, the chief executive must give a notice to the applicant and give public notification—
a: stating that the application is granted or declined; and
b: giving the chief executive's reasons for granting or declining the application.
8: If subsection (5) applies, the chief executive must give a notice to the applicant and give public notification accordingly. The notice and public notification must also—
a: specify—
i: the area concerned; and
ii: the stocks subject to the quota management system in the area that are the reason for the chief executive's view under subsection (5)﻿(b); and
b: specify the chief executive's reasons for deciding subsection (5) applies; and
c: contain a copy, or statement to the effect, of subsections (9) and (10).
9: The chief executive must decline the application, if the applicant does not lodge—
a: an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4)
b: a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4)
10: The chief executive must grant the application and issue the permit if the applicant lodges—
a: an aquaculture agreement with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZI(4)
b: a compensation declaration with the chief executive within 6 months after the date of the public notice or before the expiry of any extension of time under section 186ZIA(4)
11: For the purposes of this section, the references in section 67J(10)
12: Any person wishing to seek, under the Judicial Review Procedure Act 2016
13: The provisions of Part 1
14: In this section,— aquaculture agreement subpart 4 Part 1 commercial fishing section 91 compensation declaration subpart 4 Part 1 public notification section 2 Section 50A inserted 1 October 2011 section 30 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 50A(12) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
50B: Information and matters to be considered in relation to applications to which section 50A applies
1: In making a decision under section 50A(4) or (5)
a: information held by the Ministry of Fisheries; and
b: information supplied by the applicant; and
c: information supplied to the chief executive by the persons referred to in section 50A(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
d: other information that the chief executive has requested and obtained.
2: In considering for the purposes of section 50A(4) and (5)
a: the location of the area that the application relates to in relation to areas in which fishing is carried out:
b: the likely effect of the granting of the permit on fishing of any fishery, including the proportion of any fishery likely to become affected:
c: the degree to which the granting of the permit in the area that the application relates to will lead to the exclusion of fishing:
d: the extent to which fishing for a species in the area that the application relates to can be carried out in other areas:
e: the extent to which the granting of the permit will increase the cost of fishing:
f: the cumulative effect on fishing of any authorised aquaculture activities, including any structures authorised before the introduction of any relevant stock to the quota management system.
3: This section applies subject to section 50A(3) Section 50B inserted 1 October 2011 section 30 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
51: Regional council must request aquaculture decision if application for coastal permit declined or withdrawn
1: This section applies to—
a: an application for a coastal permit to occupy a coastal marine area for aquaculture activities if the application—
i: is made before the commencement of this Act; and
ii: is not subject to section 150B(2)
iii: relates to part of an
iv: has been declined or withdrawn:
b: a coastal permit if—
i: it was granted under an application to which paragraph (a)﻿(i) to (iii) applies; and
ii: no marine farming permit or spat catching permit has been issued in relation to the coastal permit; and
iii: the coastal permit—
A: lapses under section 125
B: expires and the holder of the permit is not entitled under section 124
C: is cancelled under section 126
D: is surrendered under section 138
2: The regional council to which the application was made or which granted the coastal permit must request an aquaculture decision for the part of the
3: Sections 38 to 44 Section 51(1)﻿(a)﻿(iii) amended 28 September 2008 section 5(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2008 Section 51(2) amended 28 September 2008 section 5(2)﻿(a) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2008 Section 51(2) amended 28 September 2008 section 5(2)﻿(b) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2008 Section 51(3) substituted 28 September 2008 section 5(3) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2008
52: Areas excluded from interim aquaculture management area
Section 52 repealed 1 October 2011 section 31 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Review of off-site farms
53: Off-site farms
1: This section applies to a deemed coastal permit under any of sections 10 20 21
2: The holder of a deemed coastal permit may
2A: An application under subsection (2) must be made not later than 12 months after the commencement of the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
2B: Subsection (2A) applies subject to subsections (2C) and (2D).
2C: If section 16(1)
2D: If section 16(2)
3: An application under this section must include—
a: the description, to a standard approved by the consent authority, of the actual space; and
b: the description of the authorised space; and
c: an assessment of the adverse effects on the environment of the activity in the actual space, and of moving the activity to the authorised space (including the effects of moving the activity and the effects of the activity in the authorised space); and
d: the reasons for and against amending the permit to reflect the actual space.
4: Section 92
4A: Before deciding whether to amend a deemed coastal permit under this section, the consent authority must consider—
a: the matters referred to in subsection (3)﻿(c) and (d); and
b: where the actual space is located compared to the location of the authorised space; and
c: how the activities to which the deemed coastal permit relate came to be carried out in the actual space; and
d: if aquaculture activities are prohibited activities in the actual space, the reasons for that; and
e: any other matters the consent authority considers relevant.
5: After considering an application under this section and consulting the chief executive about it, the consent authority must—
a: amend the deemed coastal permit as requested by the consent holder; or
b: decline to amend the permit and require the consent holder to move the activity to the authorised space.
5A: The consent authority may amend the deemed coastal permit to reflect the actual space even though aquaculture is specified in a regional coastal plan or proposed regional coastal plan as a prohibited activity in all or part of the actual space.
5B: Subsection (5C) applies if a deemed coastal permit is amended to reflect the actual space in respect of which aquaculture is specified in a regional coastal plan or proposed regional coastal plan as a prohibited activity.
5C: The actual space is subject to the provisions of the regional coastal plan or proposed regional coastal plan that applied to the authorised space, subject to any subsequent amendment or replacement of those provisions by any enactment or under Schedule 1
6: Sections 120 121
7: A deemed coastal permit amended under this section must not authorise the holder of the permit to occupy a space greater than the authorised space.
8: A consent authority must advise the chief executive of its decision under subsection (5).
9: As soon as practicable after receiving the advice under subsection (8), the chief executive must amend the fish farmer registration that the advice relates to.
10: The holder of the deemed coastal permit may object to the consent authority about any decision under subsection (5)﻿(b), and sections 357C 357D 358 sections 128 to 132
11: Section 36
11A: The amendments made to this section by the Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
12: In this section,— actual space authorised space Section 53(2) amended 1 October 2011 section 32(1) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(2A) inserted 1 October 2011 section 32(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(2B) inserted 1 October 2011 section 32(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(2C) inserted 1 October 2011 section 32(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(2D) inserted 1 October 2011 section 32(2) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(4A) inserted 1 October 2011 section 32(3) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(5A) inserted 1 October 2011 section 32(4) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(5B) inserted 1 October 2011 section 32(4) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(5C) inserted 1 October 2011 section 32(4) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(6) amended 1 October 2011 section 32(5) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(10) substituted 1 October 2011 section 32(6) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 53(11A) inserted 1 October 2011 section 32(7) Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
54: Consent authority may initiate review of off-site farms
1: This section applies to deemed coastal permits to which section 53
2: A consent authority may review a deemed coastal permit to the same extent and within the same time as if the holder of the permit had applied under section 53(2)
3: For the purposes of subsection (2), section 53(4A) Section 54(3) amended 1 October 2011 section 33 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 General
55: Transitional provision relating to requirements to keep records and returns
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Fisheries, make regulations cancelling, on any coastal permit authorising the occupation of the coastal marine area for an aquaculture activity, conditions requiring the holder of the coastal permit to keep or provide accounts, records, returns, and information.
2: Regulations made under subsection (1) apply only to coastal permits to which this Act applies.
3: In subsection (1), Minister of Fisheries Fisheries Act 1996
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 55(3) added 1 October 2011 section 34 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011 Section 55(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
56: Restriction on erection of structures in coastal marine area
1: This section applies to a person who—
a: is the holder of a coastal permit or certificate of compliance under the Resource Management Act 1991
b: makes or has made an application or is entitled to make an application for a marine farming permit or spat catching permit, as provided for by section 25 26 50(3)
2: The person must not erect a structure for the purpose of an aquaculture activity unless—
a: the application referred to in subsection (1)﻿(b) is granted; and
b: the structure is to be erected in an area covered by—
i: the marine farming permit or the spat catching permit; and
ii: the coastal permit or certificate of compliance. Section 56 substituted 1 October 2011 section 35 Aquaculture Reform (Repeals and Transitional Provisions) Amendment Act 2011
57: Regulations
Section 57 expired 1 January 2007 section 58
58: Expiry of section 57
Section 57
a: on a date to be appointed by the Governor-General by Order in Council; or
b: 31 December 2006.