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Resource Management Act 1991

Occupation of common marine and coastal area - Order in which applications by existing consent holders are to be processed

165ZH: Processing applications for existing permit holders

You could also call this:

“Rules for people who already have permission to use ocean space and want to keep using it”

You need to know about a special rule for people who already have a permit to use space in the sea for fish farming. This rule applies when someone wants to get a new permit for the same space or activity.

If you have a permit for fish farming in the sea, and you want to apply for a new one, you must do it at least 6 months before your current permit runs out. If you’re a bit late, you can still apply up to 3 months before it expires, but you’ll need special permission.

When you apply for a new permit, you get to go first in line. No one else can apply for the same space until your application is decided. You can keep using your current permit until you get a new one or until you’re told you can’t have a new one.

This rule helps make sure that people who are already using the sea for fish farming have a fair chance to keep doing so. It gives them time to plan and apply for a new permit without worrying that someone else might take their spot.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236097.

Topics:
Environment and resources > Farming and fishing
Business > Industry rules
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165ZG: Application, or

“This law explains when you need special permission to use shared ocean areas for fish farming.”

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165ZI: Applications for space already used for aquaculture activities, or

“Rules for asking to use sea space that's already being used for fish farming”

Part 7A Occupation of common marine and coastal area
Order in which applications by existing consent holders are to be processed

165ZHProcessing applications for existing permit holders

  1. This section applies if—

  2. a person holds—
    1. a deemed coastal permit under section 10, 20, 20A, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; or
      1. a coastal permit to occupy space in the common marine and coastal area for aquaculture activities, granted after the commencement of this Part; and
      2. the permit referred to in paragraph (a)(i) or (ii) (existing coastal permit)—
        1. is in force at the time of any application under paragraph (c); and
          1. applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and
          2. the holder of the existing coastal permit (existing permit holder) makes an application for a new coastal permit that is—
            1. for occupation of some or all of the same space; and
              1. for the same or another aquaculture activity; and
                1. accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and
                2. the application and any related applications are—
                  1. made to the appropriate consent authority; and
                    1. made—
                      1. at least 6 months before the expiry of the existing coastal permit; or
                        1. in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate.

                      2. If this section applies, then—

                      3. the applications, must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and
                        1. no other application to occupy the space that the application relates to may be accepted before the determination of the application; and
                          1. the holder may continue to operate under the existing coastal permit until—
                            1. a new coastal permit is granted and all appeals are determined; or
                              1. a new coastal permit is declined and all appeals are determined.

                              Notes
                              • Section 165ZH: replaced, on , by section 52 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).