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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

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

You could also call this:

“The Minister can extend the pause on new fish farming requests if there are still big challenges or worries about sea life health.”

The Minister of Aquaculture can issue another notice in the Gazette to suspend receiving applications for coastal permits for aquaculture activities. This can happen if the regional council asks for another suspension and the Minister thinks there are still high demands for permits that the council can’t manage well. The Minister might do this if more time is needed to make plans to deal with the demand.

The Minister can also issue another notice if there’s still a biosecurity concern about aquaculture that the council can’t manage properly. In this case, the Minister might need more time to create plans or other ways to handle the biosecurity issue.

The rules in sections 165ZB to 165ZD apply to requests for further suspensions, with any changes needed.

The Minister can issue another notice before the current one expires if they think there’s still high demand for permits that can’t be managed well, or if there’s still a biosecurity concern about aquaculture. In both cases, the Minister needs to be sure that more time is needed to make plans or other measures to deal with these issues.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4118234.

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

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).