Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area - Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

165ZD: Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities

You could also call this:

“The person in charge of fish farming can stop people from asking to use the sea for a while if there are too many requests or worries about fish health.”

The Minister of Aquaculture can stop people from applying to use the common marine and coastal area for aquaculture activities. This can happen if a regional council asks the Minister to do this.

When the Minister gets this request, they must talk to the Minister of Conservation. They can also talk to other people and ask the regional council for more information.

Within 25 working days, the Minister must decide to either approve or decline the request. If they approve it, they will put a notice in the Gazette. This notice can have the same rules the regional council asked for, or the Minister can change the rules if they think it will work better.

The Minister can only approve the request if they think there’s a lot of demand for the space, or if there are worries about diseases in the water. They also need to believe that the council’s plan will fix these problems quickly.

If the Minister approves the request, the Gazette notice will say which areas and activities are affected. It will also say when the notice ends, which can’t be more than 12 months later.

If the Minister says no to the request, they must tell the regional council. The council then has to tell everyone that people can apply to use the space for aquaculture.

The Minister must also tell the Minister of Conservation and the Environmental Protection Authority about their decision.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236088.

Topics:

Environment and resources > Farming and fishing

Government and voting > Government departments

Business > Industry rules

165ZC: Effect on applications of request under section 165ZB, or

“When a council asks to use sea space for fish farming, no one else can apply to use that space until a decision is made.”

165ZDA: Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities on own initiative, or

“The person in charge of fish farms can stop people from asking to use the sea for a while if there are problems or too many people want to use it.”

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area: Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

165ZDMinister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities

If the Minister of Aquaculture receives a request under section 165ZB(1), the Minister—
must consult the Minister of Conservation; and
may—
1. consult any other person whom the Minister considers it appropriate to consult; and
2. request any further information from the regional council that made the request; and
must, within 25 working days after receiving the request,—
1. approve the request by notice in the Gazette—
  1. on the terms specified by the regional council in the request; or
  2. on terms that in the Minister’s opinion will better manage the actual or anticipated high demand or competing demands in the space or biosecurity concerns; or
2. decline the request.

A failure to comply with the time limit in subsection (1)(c) does not prevent the Minister from making a decision on the request.
Any period of consultation under subsection (1)(b)(i) is excluded from the period specified in subsection (1)(c).
The Minister must not approve the request unless they consider that—
there is actual or likely high demand or competing demands for coastal permits for occupation of the space for the purpose of the aquaculture activities that the request applies to; or
there are actual or emerging biosecurity concerns relating to aquaculture activities; and
the planning or other measure that the council proposes to implement, or any modified terms determined by the Minister will—
1. effectively manage the high demand or competing demands identified under paragraph (a); or
2. effectively manage the biosecurity concern; and
3. be implemented within a time frame that is, in the Minister’s opinion, reasonable.

A Gazette notice under subsection (1)(c)(i) must specify—
the space and aquaculture activities that the suspension on applications will apply to; and
the date the notice expires, which must not be more than 12 months after the date of the Gazette notice.

If the Minister declines a request made under section 165ZB(1),—
the Minister must notify the regional council of the decision to decline the request; and
the regional council must, as soon as practicable after receiving notice under paragraph (a), publicly notify that—
1. the request was declined; and
2. applications may be made for coastal permits to occupy any space for any aquaculture activity that was the subject of the request.

The Minister must notify the Minister of Conservation and the Environmental Protection Authority of a decision to issue a Gazette notice or to decline a request for a suspension on receipt of applications.

Notes

Section 165ZD: replaced, on 24 August 2023, by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).