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Resource Management Act 1991

Resource consents - Decisions on applications relating to non-aquaculture activities

116A: When coastal permit for aquaculture activities may commence

You could also call this:

“This law explains when you can start using a special permit to grow fish or shellfish in the sea.”

You can’t start using a coastal permit for aquaculture activities in the coastal marine area until certain steps are followed.

If the head of the Ministry of Fisheries makes a decision about your permit, the authority that gave you the permit must do two things. They must change your permit if needed to add any conditions that can’t be changed until the Ministry makes another decision. They must also tell you when your permit starts.

If the Ministry decides to set aside areas for recreational, customary, or commercial fishing (for fish not managed by quotas), the authority must change your permit. They will remove the areas affected, give you an updated permit, and cancel the part of your permit for those areas.

If the Ministry sets aside areas for commercial fishing of quota-managed fish, the authority must show these areas on your permit. They’ll give you the updated permit and tell you that you can’t use those areas unless you have a special agreement or declaration.

If you get that agreement or declaration, the authority will update your permit again. They’ll remove the set-aside areas and tell you when you can start using those areas.

If you don’t get the agreement or declaration, the authority will remove those areas from your permit and cancel that part of it.

If the Ministry sets aside the entire area of your permit for non-quota fishing, the authority will cancel your whole permit.

These rules apply even if your permit was granted under a special section of the law. If you applied through a different process involving the Environmental Protection Authority, the rules still apply, but the local authority will handle the changes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4119044.

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“This law explains when you can start using your permission to do something with land or water.”

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Part 6 Resource consents
Decisions on applications relating to non-aquaculture activities

116AWhen coastal permit for aquaculture activities may commence

  1. A coastal permit to undertake aquaculture activities in the coastal marine area cannot commence other than in accordance with this section.

  2. If the chief executive of the Ministry of Fisheries makes a determination in relation to the permit, and has notified the consent authority of that decision in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as is reasonably practicable,—

  3. amend the permit, if necessary, to note any conditions specified under section 186H(3) of the Fisheries Act 1996 that may not be changed or cancelled until the chief executive of the Ministry of Fisheries makes a further aquaculture decision:
    1. notify the applicant that the permit commences in respect of the area that is the subject of the determination, on the date of notification under this paragraph, or, if the permit specifies a later commencement date, on that date.

      1. If the chief executive makes a reservation in relation to recreational fishing or customary fishing or commercial fishing in relation to stocks or species not subject to the quota management system and has notified the consent authority of that decision, in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as reasonably practicable,—

      2. amend the permit to remove the areas affected by the reservation:
        1. provide the applicant with a copy of the amended permit:
          1. cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.

            1. If the chief executive makes a reservation in relation to commercial fishing in relation to stocks or species subject to the quota management system and has notified the consent authority of that decision, in accordance with section 186H of the Fisheries Act 1996, the consent authority must, as soon as is reasonably practicable,—

            2. amend the permit to show the areas affected by the reservation:
              1. provide the applicant with a copy of the amended permit:
                1. notify the applicant that the permit will not commence in the area affected by the reservation, unless—
                  1. an aquaculture agreement is registered in accordance with section 186ZH of the Fisheries Act 1996; or
                    1. a compensation declaration has been registered under section 186ZHA of the Fisheries Act 1996.

                    2. If subsection (4) applies and the chief executive has notified the consent authority that an aquaculture agreement or compensation declaration has been registered for those stocks under section 186ZH or 186ZHA of the Fisheries Act 1996 (as the case may require), the consent authority must, as soon as reasonably practicable,—

                    3. amend the permit so that it no longer shows the areas affected by the reservation:
                      1. provide the applicant with a copy of the amended permit:
                        1. notify the applicant that the permit (as amended) commences in respect of the area previously shown subject to the reservation on the date of notification under this paragraph, unless the permit states a later date.

                          1. If subsection (5) applies, then for the purposes of section 125(1)(b) the entire permit, as amended, is to be treated as having commenced on the commencement date notified under subsection (5)(c), unless the permit states a later date.

                          2. If subsection (4) applies and the chief executive has notified the consent authority under section 186ZK of the Fisheries Act 1996 that no aquaculture agreement or compensation declaration has been registered, the consent authority must, as soon is as reasonably practicable,—

                          3. amend the permit to remove the areas affected by the reservation:
                            1. provide the applicant with a copy of the amended permit:
                              1. cancel the permit to the extent that it applies to the removed areas by written notice served on the applicant.

                                1. If the chief executive makes a reservation to which subsection (3) applies, for the entire permit area, the consent authority must cancel the permit by written notice served on the applicant.

                                2. Subsections (3) and (7) apply even if the permit was granted under section 104A.

                                3. In the case of a concurrent application made under subpart 4 of Part 7A that is lodged with and granted by the EPA, the references in this section to the consent authority are to be read as references to the consent authority that otherwise could have granted the application.

                                Notes
                                • Section 116A: inserted, on , by section 29 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).