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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

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

You could also call this:

“Rules for getting a permit to use ocean space for aquaculture if you already have one”

When you apply for a permit to use space in the ocean for aquaculture, the consent authority considers your application. They look at information about the existing coastal permit, including any monitoring data. They check if you followed the rules in the regional coastal plan and the conditions of your resource consent for aquaculture activities. You can find more information about this in section 165ZH and section 165ZI(7) or (8).

The council also looks at any enforcement action taken against you under Part 12. They consider how many times you broke the rules, how serious the breaches were, and how recently they happened. They also look at how you behaved after the enforcement action was taken.

The council uses this information to decide whether to grant you a permit. They want to make sure you will follow the rules and take care of the ocean. You need to show that you are responsible and will do the right thing.

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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=DLM236202.

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

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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

165ZJAdditional criteria for considering applications for permits for space already used for aquaculture activities

  1. When considering an application under section 165ZH that relates to the same aquaculture activity, a consent authority must consider all relevant information available in relation to the existing coastal permit, including any available monitoring data.

  2. When considering an application to which section 165ZH or section 165ZI(7) or (8) applies, a consent authority must not only consider the relevant matters under this Act, but also consider the applicant's conduct in relation to—

  3. compliance with the relevant regional coastal plan; and
    1. compliance with resource consent conditions for current or previous aquaculture activities undertaken by the applicant.

        1. In making an assessment under subsection (1)(a) and (b), the council must, in relation to any successful enforcement action under Part 12, consider—

        2. the number of any breaches that have occurred; and
          1. the seriousness of the breach; and
            1. how recently the breach occurred; and
              1. the subsequent behaviour of the applicant after enforcement action.

                Notes
                • Section 165ZJ: inserted, on , by section 20 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).
                • Section 165ZJ(1AA): inserted, on , by section 54(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                • Section 165ZJ(1): amended, on , by section 54(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                • Section 165ZJ(1)(c): repealed, on , by section 54(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).