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

165ZE: Subsequent requests for direction in relation to suspension of receipt of applications

You could also call this:

"Minister can stop accepting coastal permit applications again if needed"

Illustration for Resource Management Act 1991

The Minister of Aquaculture can issue another notice to stop accepting applications for coastal permits if the regional council asks for it. You need to know the Minister will only do this if they think there is still a lot of demand for coastal permits or a biosecurity concern. The Minister must also think the regional council does not have a good plan to manage the demand or concern. The Minister can issue another notice under section 165ZD before the current notice expires. You can read more about this in section 165ZD and section 165ZB. The rules in sections 165ZB to 165ZD apply to requests for further suspensions. The Minister can also issue another notice under section 165ZDA if they think more time is needed to manage demand or biosecurity concerns. The Minister must consider whether there are plans in place to manage the demand or concerns. They must also think more time is needed to put these plans in place.

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165ZDB: Effect on applications of suspension under section 165ZDA, or

"When the Minister stops new fish farming applications, you can't apply for a permit in that area until the stop ends."


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165ZF: Regional council may request direction to process and hear together applications for permits to occupy common marine and coastal area for purpose of aquaculture activities, or

"A council can ask the government to group together and review sea farming requests in one area at the same time."

Part 7AOccupation 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

165ZESubsequent requests for direction in relation to suspension of receipt of applications

  1. The Minister of Aquaculture may issue a further Gazette notice under section 165ZD before the expiry of a notice issued under that section if the regional council requests a further suspension on receipt under section 165ZB and—

  2. the Minister considers that—
    1. there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and
      1. the regional council does not have in place planning or other measures that will satisfactorily manage the high demand or competing demands; and
        1. the Minister is satisfied that more time is needed to put in place plan provisions to deal with the demand; or
        2. the Minister considers that—
          1. there remains an actual or emerging biosecurity concern relating to aquaculture activities; and
            1. the regional council does not have in place planning or other measures that will satisfactorily manage the biosecurity concern; and
              1. the Minister is satisfied that more time is needed to put in place plan provisions or other measures to deal with the biosecurity concern.
              2. Sections 165ZB to 165ZD apply with any necessary modifications to a request for a further suspension of receipt of applications.

              3. The Minister of Aquaculture may issue a further Gazette notice under section 165ZDA before the expiry of a notice issued under that section if—

              4. the Minister considers that—
                1. there remains actual or likely high demand or competing demands for coastal permits to occupy the space for the relevant activity or activities; and
                  1. planning or other measures are not in place that will satisfactorily manage the high demand or competing demands; and
                    1. the Minister is satisfied that more time is needed to put in place plan provisions or other measures to deal with the demand; or
                    2. the Minister considers that—
                      1. there remains an actual or emerging biosecurity concern relating to aquaculture activities; and
                        1. planning or other measures are not in place that will satisfactorily manage the biosecurity concern; and
                          1. the Minister is satisfied that more time is needed to put in place plan provisions or other measures to deal with the biosecurity concern.
                          Notes
                          • Section 165ZE: replaced, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).