Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Resource consents - Application for resource consent

88F: Excluded time periods relating to pre-request aquaculture agreements

You could also call this:

“This rule talks about when the clock stops ticking while someone asks to start a fish farm in the ocean.”

When you apply for a coastal permit to do aquaculture activities in the sea, you can ask the consent authority to wait before deciding on your application. This allows you time to negotiate a pre-request aquaculture agreement under section 186ZM of the Fisheries Act 1996. You can only make this request once for each application.

If you make this request, the consent authority will pause the clock on your application. The pause starts when you make your request. It ends either 80 working days later, or when you tell the consent authority to start working on your application again, whichever comes first.

This pause doesn’t count towards the time limits set out in section 88B for processing your application. This means the consent authority gets extra time to consider your application after your negotiations are finished.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4119031.

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

88E: Excluded time periods relating to other matters, or

“Certain times don't count when processing your request for permission to use land or resources”

Next

88G: Exclusion of period when processing of non-notified application suspended, or

“When an application is put on hold, the waiting time doesn't count towards the deadline.”

Part 6 Resource consents
Application for resource consent

88FExcluded time periods relating to pre-request aquaculture agreements

  1. Subsection (2) applies when—

  2. an application has been made for a coastal permit to undertake aquaculture activities in the coastal marine area; and
    1. the applicant requests the consent authority to defer determining the application so that the applicant can negotiate a pre-request aquaculture agreement under section 186ZM of the Fisheries Act 1996; and
      1. it is the first request made by the applicant for that purpose.

        1. The period that must be excluded from every applicable time limit under section 88B is the period—

        2. starting with the date on which the request is made; and
          1. ending with the earlier of the following:
            1. the 80th working day after the date on which the request is made:
              1. the date on which the applicant notifies the consent authority that the applicant wishes the consent authority to continue determining the application that the request related to.

              Notes
              • Section 88F: inserted, on , by section 22 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
              • Section 88F heading: replaced, on , by section 97(1) of the Resource Management Amendment Act 2013 (2013 No 63).
              • Section 88F(2): amended, on , by section 97(2) of the Resource Management Amendment Act 2013 (2013 No 63).