Plain language law

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Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area - Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

165ZB: Regional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities

You could also call this:

“A regional council can ask the government to pause new fish farming requests in certain sea areas when there are problems or too many requests.”

You can ask the Minister of Aquaculture to stop accepting applications for coastal permits in a common marine and coastal area for aquaculture activities. You can do this if you notice a lot of people want these permits, or if there’s a health concern for sea life.

If you want to ask for this pause, you need to tell the Minister:

  • Which area you want to pause applications for
  • What kind of aquaculture activities you want to pause
  • How you plan to deal with the high demand or health concern
  • How long you want the pause to last (it can’t be more than 12 months)

You also need to give information about why there’s high demand or why there’s a health concern.

When you ask for this pause, you have to tell the public right away. You also have to tell the Environmental Protection Authority.

When you tell the public, you need to include all the details about the pause and mention what section 165ZC(2) and (3) says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4118228.

Topics:
Environment and resources > Farming and fishing
Environment and resources > Conservation
Government and voting > Local councils
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165ZA: Use of tender money, or

“The council must use the money it gets from tenders to help look after the sea and coast in its area.”

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165ZC: Effect on applications of request under section 165ZB, or

“When a council asks to use sea space for fish farming, no one else can apply to use that space until a decision is made.”

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area: Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

165ZBRegional council may request suspension of applications to occupy common marine and coastal area for purposes of aquaculture activities

  1. A regional council may request the Minister of Aquaculture to suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if—

  2. the council has identified actual or anticipated high demand or competing demands for those permits and considers that—
    1. the provisions of the plan will not enable it to manage the demand effectively; and
      1. the suspension is desirable to enable it to amend the plan or to use other measures available under the Act to deal with the demand; or
      2. the council identifies an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
        1. the provisions of a plan will not enable it to manage effectively the biosecurity concern; and
          1. the suspension is desirable to enable the plan to be amended or other measures available under this Act or other legislation to be used to manage the biosecurity concern.

          2. A request under subsection (1) must—

          3. specify—
            1. the space in the common marine and coastal area it is proposed the suspension will apply to; and
              1. the aquaculture activities that it is proposed the suspension will apply to; and
                1. the planning or other measure that the council proposes to implement to deal with the identified demand or biosecurity concern; and
                  1. the proposed duration of the suspension, which must be not more than 12 months; and
                  2. be accompanied by information about the actual or anticipated high demand or competing demands for coastal permits for occupation of the space for the purposes of the aquaculture activities or biosecurity concern covered by the request.

                    1. A regional council must—

                    2. give public notice of a request under subsection (1) on the day the request is made or as soon as practicable after the request is made; and
                      1. give notice of the request to the Environmental Protection Authority.

                        1. A public notice under subsection (3) must include—

                        2. the matters specified in subsection (2)(a); and
                          1. a statement to the effect of section 165ZC(2) and (3).

                            Notes
                            • Section 165ZB: replaced, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).