Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Aquaculture moratorium

150B: Moratorium

You could also call this:

“A temporary stop on processing certain requests for sea farming activities”

During a moratorium, which is a pause on certain activities, there are rules about how applications are handled. If you made an application before the moratorium started, and it needs to be publicly notified or might need limited notification, the authority can’t process or decide on it until the moratorium ends for that area.

If you make an application during the moratorium, the authority won’t process or decide on it. They will send it back to you along with any fee you paid.

There’s an exception to these rules. If your application is about an area that already had a coastal permit, or a marine farming lease or licence under the Marine Farming Act 1971, just before the moratorium, and you’re applying for a new permit for the same activities in the same area, these moratorium rules don’t apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235436.

Topics:
Environment and resources > Farming and fishing
Government and voting > Local councils
Previous

150A: Interpretation, or

“This part explains the meaning of important words used in the rules about fish farming in the sea.”

Next

150C: Earlier expiry of moratorium in relation to specified areas, or

“The rule allows the Governor-General to end the ban on fish farming in some areas earlier than planned if certain conditions are met.”

Part 6A Aquaculture moratorium

150BMoratorium

  1. Subsection (2) applies to—

  2. an application that requires public notification if it was made to a consent authority before the moratorium and the consent authority had not, before the moratorium, notified the application:
    1. an application that does not require public notification if—
      1. it was made to a consent authority before the moratorium; and
        1. the consent authority had not, before the moratorium, decided not to give limited notification of the application.

        2. The consent authority must not process or determine the application until the moratorium has expired in relation to the area that the application relates to.

        3. Subsection (4) applies if an application is made to a consent authority during the moratorium.

        4. The consent authority—

        5. must not process the application; and
          1. must not determine the application; and
            1. must return the application, and any fee accompanying it, to the applicant as soon as practicable.

              1. This section does not apply to an application if—

              2. the application relates to a coastal marine area that, immediately before the moratorium, was subject to—
                1. a coastal permit; or
                  1. a marine farming lease or licence under the Marine Farming Act 1971; and
                  2. the application is for a new coastal permit for the same activities in the same area.

                    Notes
                    • Section 150B: inserted, on , by section 9 of the Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).
                    • Section 150B(1)(a): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 150B(1)(b): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                    • Section 150B(1)(b)(ii): amended, on , by section 150 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).