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

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

You could also call this:

“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.”

When a regional council asks to use space in the water for fish farming, no one else can ask to use that same space for fish farming for a while. This rule starts when the council tells everyone about their request. It ends when one of two things happens:

  1. If the request is not allowed, it ends when the council tells everyone it’s not allowed.
  2. If the request is allowed, it ends when the notice from the Minister of Aquaculture runs out.

This rule doesn’t change anything for people who asked to use the space before the council made their request. It also doesn’t change things for some special cases, like when someone already has permission to use the space.

If you want to know more about how the council asks to use the space, you can look at section 165ZB(1). If you want to learn about what happens after the council asks, you can check section 165ZD.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4118230.

Topics:
Environment and resources > Farming and fishing
Government and voting > Local councils
Previous

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

“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.”

Next

165ZD: Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities, or

“The person in charge of fish farming can stop people from asking to use the sea for a while if there are too many requests or worries about fish health.”

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

165ZCEffect on applications of request under section 165ZB

  1. Subsection (2) applies if a regional council has made a request under section 165ZB(1).

  2. A person must not apply for a coastal permit to occupy any space that is the subject of the request for the purpose of an aquaculture activity in the request during the period commencing on the day on which public notice of the request is given under section 165ZB(3)(a), and ending on,—

  3. if the request is declined, the day on which the regional council publicly notifies under section 165ZD(6) that the request has been declined; or
    1. if the request is granted, the date on which the Gazette notice issued by the Minister of Aquaculture under section 165ZD in response to the request expires.

      1. Neither this section nor section 165ZD affects—

      2. any application received by the regional council before the request was made under section 165ZB(1):
        1. any application to which section 165ZH applies:
          1. any application made in accordance with an authorisation.

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