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Resource Management Act 1991

Aquaculture moratorium

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

You could also call this:

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

You can end the moratorium on aquaculture activities in certain coastal areas before 31 December 2004. The Governor-General can do this by making an order based on what the Minister of Conservation recommends.

The Minister can only recommend ending the moratorium early if the regional council asks for it. The Minister also needs to be sure that:

  1. The regional coastal plan allows for aquaculture activities in that area.
  2. The size and location of the area won’t cause too many negative effects on the environment or other uses of the coastal area.
  3. Ending the moratorium early won’t make it harder to set up aquaculture management areas in the future.

The Minister has 40 working days to make a recommendation after getting a request. They can use sections 37 and 37A of this Act to help them make decisions, just like they would for other resource consents.

If an order is made to end the moratorium early in an area, it becomes secondary legislation. This means it needs to follow the rules in Part 3 of the Legislation Act 2019 about how it’s published.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM235438.

Topics:
Environment and resources > Farming and fishing
Government and voting > Local councils
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150B: Moratorium, or

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

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150D: Pending applications to be considered under rules as at end of moratorium, or

“Old rules apply to applications that were waiting when the pause on fish farming ended.”

Part 6A Aquaculture moratorium

150CEarlier expiry of moratorium in relation to specified areas

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, specify a date earlier than 31 December 2004 as the date on which the moratorium ends in relation to a coastal marine area described in the order.

  2. The Minister must not make a recommendation unless—

  3. the regional council concerned has requested the Minister to make the recommendation; and
    1. the Minister is satisfied, based on information and explanations provided by the regional council, that—
      1. a regional coastal plan or proposed regional coastal plan provides for aquaculture activities as a controlled activity or discretionary activity in the area that the regional council's request relates to; and
        1. the area is of a size and location that, taking into account the provisions of the plan or proposed plan, will avoid, remedy, or mitigate the adverse effects (including cumulative effects) of aquaculture activities on the environment and on other uses of the coastal marine area; and
          1. the ending of the moratorium in relation to the area will not limit or adversely affect the establishment of aquaculture management areas in the future.

          2. The Minister must make a recommendation under subsection (1) within 40 working days after receiving a request if the Minister is not prevented by subsection (2) from making the recommendation.

          3. For the purposes of subsection (3), sections 37 and 37A apply, with all necessary modifications, as if the Minister were acting as a consent authority.

          4. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 150C: inserted, on , by section 9 of the Resource Management (Aquaculture Moratorium) Amendment Act 2002 (2002 No 5).
          • Section 150C(1): amended, on , by section 6(1) of the Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 (2004 No 5).
          • Section 150C(3): amended, on , by section 6(2) of the Resource Management (Aquaculture Moratorium Extension) Amendment Act 2004 (2004 No 5).
          • Section 150C(4): amended, on , by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 150C(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).