Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Miscellaneous provisions - Rights of objection

360A: Regulations amending regional coastal plans in relation to aquaculture activities

You could also call this:

“Rules for changing coastal plans to manage fish farming and decide who gets to do it”

The Governor-General can change regional coastal plans about aquaculture activities in the sea. They can do this by making an Order in Council, which is a type of law. The Minister of Aquaculture recommends these changes.

These changes can do two things:

  1. Change how aquaculture activities are managed in the coastal marine area.
  2. Create a process for giving out permissions for aquaculture activities.

When these changes are made, they become part of the plan right away. They have to follow the other rules in the Resource Management Act. You can change these new rules in a few ways, including through this same process or through Schedule 1.

The new process for giving out aquaculture permissions must say how they decide who gets them. It can also say that the Minister of Aquaculture makes these decisions, when they make them, and how they decide. The process might make the regional council give out permissions that the Minister has approved.

In this section, ‘amend provisions’ means taking out or adding rules. ‘Authorisation’ means the same thing as it does in section 165C.

An order made under this section is a type of law called secondary legislation.

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 It might be out of date or be missing some parts.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=DLM4119186.

Topics:
Environment and resources > Farming and fishing
Environment and resources > Conservation
Government and voting > Local councils
Business > Industry rules
Previous

360: Regulations, or

“ The Governor-General can make rules about how to use and manage land, water, and other resources. These rules can cover things like forms, fees, and how to protect the environment. ”

Next

360B: Conditions to be satisfied before regulations made under section 360A, or

“ Rules the government must follow before making changes to aquaculture laws ”

Part 14 Miscellaneous provisions
Rights of objection

360ARegulations amending regional coastal plans in relation to aquaculture activities

  1. The Governor-General may, by Order in Council, on the recommendation of the Minister of Aquaculture,—

  2. amend provisions in a regional coastal plan that relate to the management of aquaculture activities in the coastal marine area; and
    1. amend a regional coastal plan to establish a process for the allocation of authorisations for aquaculture activities.

      1. An amendment made under subsection (1)—

      2. becomes part of the operative plan as if it had been notified under clause 20 of Schedule 1; and
        1. must not be inconsistent with, and is subject to, the other provisions of this Act (for example, subpart 1 of Part 7A); and
          1. may be amended—
            1. under this section; or
              1. in accordance with Schedule 1; or
                1. under any other provision of this Act.

                2. Regulations establishing a process for the allocation of authorisations for aquaculture activities—

                3. must provide for how allocation offers for those authorisations are to be decided; and
                  1. may specify—
                    1. that the Minister of Aquaculture is the decision maker for allocation offers made under the process; and
                      1. the circumstances in which the Minister must make those decisions; and
                        1. criteria by which the Minister must make those decisions; and
                        2. may require the regional council to issue any aquaculture-related authorisation in respect of any allocation offer that the Minister has accepted under the process; and
                          1. may provide for any other matter necessary for establishing or giving effect to the process.

                            1. In this section and sections 360B and 360C, amend provisions includes—

                            2. omitting provisions (whether other provisions are substituted or not):
                              1. adding provisions.

                                1. In this section, authorisation has the same meaning as in section 165C.

                                2. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                Notes
                                • Section 360A: inserted, on , by section 57 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                • Section 360A(1): replaced, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                • Section 360A(2A): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                • Section 360A(3A): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                • Section 360A(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).