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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:

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

If you want to use space in the common marine and coastal area for aquaculture activities, you need to apply for a coastal permit. This section applies to your application if the space is already being used and you are not the current permit holder. Your application will be linked to the existing permit, which is referred to in section 165ZH. You make your application, but it will not be processed until three months before the existing permit expires. While your application is on hold, no one else can apply to use that space, except the current permit holder.

The council will tell the current permit holder about your application and let them know they can also make an application, as stated in section 165ZH(1)(c). If the current permit holder makes an application, as stated in section 165ZH(1)(c), your application will stay on hold until their application is decided. If the current permit holder’s application is approved, as stated in section 165ZH(2), your application will be cancelled. If the current permit holder does not make an application before the three-month deadline, your application will be processed. However, if the current permit holder tells the council they do not plan to make an application, as stated in section 165ZH(1)(c), your application can be processed earlier.

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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=DLM236200.

Topics:
Environment and resources > Farming and fishing Environment and resources > Town planning
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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).