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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:

“How to renew or change your coastal permit for aquaculture activities”

If you have a coastal permit to use space in the common marine and coastal area for aquaculture, this section applies to you. You must hold a deemed coastal permit under the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004, or a coastal permit granted after this part started.

You can apply for a new coastal permit to use the same space or a different space for the same or a different aquaculture activity. Your application must be made to the right consent authority, and you must make it at least six months before your existing permit expires, or in the six months before it expires if the authority allows you to.

If you make an application, it must be processed before any other applications for the same space. You can keep using your existing permit until your new application is decided and any appeals are finished, or until your new application is declined and any appeals are finished.

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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=DLM236097.

Topics:
Environment and resources > Farming and fishing Environment and resources > Conservation
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165ZG: Application, or

"Applying for a coastal permit to do aquaculture activities in New Zealand's common marine and coastal area"

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

"Applying to use coastal space already used for aquaculture when you're not the current user"

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).