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Resource Management Act 1991

Occupation of common marine and coastal area - Plan change requests and concurrent applications for coastal permits in relation to aquaculture activities

165ZN: Application for coastal permit to undertake aquaculture activities

You could also call this:

“People can ask to start fish farming in the sea if they also ask to change the rules about what's allowed there.”

You can apply for a coastal permit to do aquaculture activities in the common marine and coastal area, even if you normally couldn’t because of section 87A(6). To do this, you need to follow these rules:

You must also ask for a plan change under clause 21 of Schedule 1. You can make this plan change request at the same time as your coastal permit application, or within 20 working days after the regional council tells you their decision under clause 25(5) of Schedule 1.

Your plan change request needs to change the regional coastal plan. It should make the aquaculture activity a controlled, restricted discretionary, discretionary, or non-complying activity. You can also ask to change other related things in the regional coastal plan.

Your coastal permit application must match the plan change you’re asking for.

When thinking about whether your application matches the plan change, you don’t need to worry about section 165ZW(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4119157.

Topics:
Environment and resources > Farming and fishing
Business > Industry rules
Government and voting > Local councils
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165ZM: Other provisions of Act apply subject to this subpart, or

“This part of the law tells us how other rules work together with these special rules for using shared sea areas.”

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165ZO: Identifying plan change requests and concurrent applications, or

“This rule explains how to show which plan changes and applications go together when asking to use shared sea and beach areas.”

Part 7A Occupation of common marine and coastal area
Plan change requests and concurrent applications for coastal permits in relation to aquaculture activities

165ZNApplication for coastal permit to undertake aquaculture activities

  1. An application for a coastal permit to undertake an aquaculture activity in the common marine and coastal area that otherwise could not be made because of section 87A(6) may be made if—

  2. the person making the application also makes a plan change request under clause 21 of Schedule 1; and
    1. the application for the coastal permit is made—
      1. at the same time as the plan change request is made; or
        1. if the plan change request is lodged with a regional council, within 20 working days after receiving the regional council's notification of its decision under clause 25(5) of Schedule 1; and
        2. the plan change request is to change—
          1. the regional coastal plan to make the aquaculture activity in the common marine and coastal area a controlled activity, a restricted discretionary activity, a discretionary activity, or a non-complying activity; and
            1. related matters (if any) in the regional coastal plan; and
            2. the application for the coastal permit would be consistent with the plan change if the plan change request were accepted and made.

              1. For the purposes of subsection (1)(d), section 165ZW(1) is to be disregarded.

              Notes
              • Section 165ZN: inserted, on , by section 55 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).