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New Zealand law explained for everyone

Resource Management Act 1991

Aquaculture moratorium

150B: Moratorium

You could also call this:

"Temporary stop on processing applications"

If you make an application to a consent authority before a moratorium, the authority must not process or decide on it until the moratorium has ended for the area your application is about. This rule applies to applications that need public notification and those that do not, as long as the authority had not already decided to give limited notification or notify the application before the moratorium. The moratorium affects how your application is handled.

If you make an application during the moratorium, the consent authority must not process it, must not decide on it, and must return it to you as soon as possible, along with any fee you paid. You get your application and fee back if you apply during the moratorium. The authority cannot do anything with your application while the moratorium is in place.

There is an exception to this rule if your application is about a coastal marine area that already had a coastal permit or a marine farming lease or licence under the Marine Farming Act 1971, and you are applying for a new coastal permit to do the same activities in the same area. This exception means the moratorium does not apply to your application. You can still apply for a new permit in this situation.

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This page was last updated on

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

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150A: Interpretation, or

"What special words mean in this law"

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

"The government can end a ban on aquaculture earlier in some coastal areas if conditions are met."

Part 6AAquaculture 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).