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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

165ZI: Applications for space already used for aquaculture activities

You could also call this:

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

This section talks about what happens when someone who doesn’t already have a permit wants to use space in the ocean for fish farming. If you want to use space that someone else is already using, you have to wait. The council will hold your application for three months before the current permit runs out. During this time, they won’t accept any other applications for that space except from the person who’s using it now.

When the council gets your application, they’ll tell the current permit holder about it. The current permit holder can then apply to keep using the space. If they do, your application stays on hold until their application is decided. If the current permit holder gets to keep the space, your application is cancelled.

If the current permit holder doesn’t apply to keep the space by three months before their permit ends, the council will look at your application. But if the current permit holder tells the council they don’t want to apply again, the council can look at your application earlier.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM236200.

Topics:
Environment and resources > Farming and fishing
Government and voting > Local councils
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165ZH: Processing applications for existing permit holders, or

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

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165ZJ: Additional criteria for considering applications for permits for space already used for aquaculture activities, or

“Rules for deciding if someone can keep using the ocean for fish farming”

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

165ZIApplications for space already used for aquaculture activities

  1. This section applies to an application for a coastal permit to occupy space in the common marine and coastal area for aquaculture activities if—

  2. the application relates to space that is subject to a permit referred to in section 165ZH; and
    1. the application is made by a person who is not the existing permit holder.

      1. The application must be held by the consent authority without processing until 3 months before the expiry of the permit.

      2. While the application is being held under subsection (2), the consent authority must not accept any other applications by persons other than the existing permit holder to occupy that space until after the application being held under subsection (2) is determined or has lapsed.

      3. After receiving an application referred to in subsection (1), the council must notify the existing permit holder—

      4. of the application; and
        1. that the holder can make an application in accordance with section 165ZH(1)(c).

          1. If an application to which section 165ZH(1)(c) applies is made, then the application referred to in subsection (1) remains on hold until that application is determined.

          2. If the application to which section 165ZH(2) applies is granted, then the application referred to in subsection (1) lapses.

          3. If no application to which section 165ZH(2) applies is made prior to the date 3 months before expiry of the relevant permit, then the application being held under subsection (2) must be processed and determined in accordance with this Act.

          4. However, the application may be processed and determined before the expiry of the 3-month period referred to in subsection (7) if the existing permit holder notifies the consent authority in writing that the holder does not propose to make an application under section 165ZH(1)(c).

          Notes
          • Section 165ZI: inserted, on , by section 20 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
          • Section 165ZI(1): amended, on , by section 53(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
          • Section 165ZI(3): amended, on , by section 53(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
          • Section 165ZI(4)(b): amended, on , by section 53(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
          • Section 165ZI(5): amended, on , by section 53(4)(a) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
          • Section 165ZI(5): amended, on , by section 53(4)(b) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
          • Section 165ZI(8): amended, on , by section 53(5) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).