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107E: Decision on application to undertake non-aquaculture activity in aquaculture management area
or “The law says what happens when someone wants to do something other than fish farming in an area meant for fish farming.”
You could also call this:

“This law explains how to apply for permission to farm fish or shellfish in the sea.”

When you want to apply for permission to do aquaculture activities in the coastal marine area, there are some rules you need to follow. This applies to most applications, including those made under subpart 4 of Part 7A of the law.

However, these rules don’t apply to some areas. These include places where aquaculture has been happening continuously since certain old permits were changed to coastal permits. They also don’t apply to areas mentioned in section 20A of a different law, or to special aquaculture areas listed in section 35 of that same law.

If you do need to follow these rules, here’s what happens:

The authority looking at your application must send a copy of it to the head of the Ministry of Fisheries as soon as they can. If they get any extra information or reports about your application, they must send those too. If other people are allowed to comment on your application, the authority must send copies of those comments to the Ministry of Fisheries.

Sometimes, you might make an application that includes changes to a plan. In this case, only the comments about your application (not the plan changes) are sent to the Ministry of Fisheries.

Remember, these rules are designed to make sure the right people know about your plans for aquaculture activities.

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Next up: 108: Conditions of resource consents

or “Rules about what can be included when granting permission to use resources”
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Part 6 Resource consents
Decisions on applications relating to non-aquaculture activities

107FApplications to undertake aquaculture activities

  1. This section applies to an application for a coastal permit authorising aquaculture activities to be undertaken in the coastal marine area, other than an application referred to in subsection (2), including an application under subpart 4 of Part 7A.

  2. This section does not apply to an application that relates to—

  3. an area—
    1. that is or was subject to a lease, licence, marine farming permit, or spat catching permit that was deemed under section 10, 20, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 to be a coastal permit granted under this Act; and
      1. where, since the date on which the lease, licence, marine farming permit, or spat catching permit was deemed to be a coastal permit, aquaculture activities have been continuously authorised under that permit or another permit granted under this Act; or
      2. an area that is or was subject to the coastal permit referred to in section 20A of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004 and where, since the date the coastal permit was deemed to be granted, aquaculture activities have been continuously authorised under that permit or another permit granted under this Act; or
        1. an area in a gazetted aquaculture area within the meaning of section 35 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004.

          1. The consent authority must take the following actions:

          2. unless the application is returned under section 88(3A), forward a copy of the application as soon as is reasonably practicable to the chief executive of the Ministry of Fisheries:
            1. if information or a report is obtained in relation to the application under section 41C, 42A, 92, or 149, forward that information or report as soon as is reasonably practicable to the chief executive:
              1. if the application is notified, as soon as is reasonably practicable after the closing date for submissions, send to the chief executive a copy of the submissions received.

                1. For the purposes of subsection (3)(c), in the case of a concurrent application made under subpart 4 of Part 7A that is lodged with the EPA, the copy of submissions required to be sent by the EPA to the chief executive is a copy of only those submissions that relate to the concurrent application and not those that relate to its plan change request.

                Notes
                • Section 107F: inserted, on , by section 26 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                • Section 107F(3)(a): amended, on , by section 103 of the Resource Management Amendment Act 2013 (2013 No 63).