Resource Management Act 1991

Miscellaneous provisions - Rights of objection

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

You could also call this:

"Rules to follow before making new aquaculture regulations"

Before the government makes new regulations under section 360A, you need to know that some conditions must be met. The Minister of Aquaculture must recommend these regulations. The Minister of Aquaculture can only make a recommendation if they have looked at the regional coastal plan that will be affected by the proposed regulations. They must also talk to other important people, like the Minister of Conservation and the public.

The Minister of Aquaculture must consider many things before making a recommendation, including whether the proposed regulations are necessary for aquaculture activities. They must also think about how the regulations might affect the environment and the people in the area. The Minister must consult with the public and iwi authorities, and give them time to comment on the proposed regulations.

When consulting with the public and iwi authorities, the Minister of Aquaculture must notify them of the proposed regulations and give them a chance to comment. The Minister must also consider any comments made by the public and iwi authorities, and make a report and recommendation based on those comments. This report and recommendation must be made public.

The Minister of Aquaculture does not have to consult with the public and iwi authorities on matters that have already been discussed if the Minister thinks the previous discussion was about the same topic. The Minister must also think about how the proposed regulations might affect the preferential rights provided for in section 165W, if the regulations would change a regional coastal plan to establish a process for allocating authorisations for aquaculture activities.

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Part 14Miscellaneous provisions
Rights of objection

360BConditions to be satisfied before regulations made under section 360A

  1. Regulations must not be made under section 360A(1) except on the recommendation of the Minister of Aquaculture.

  2. The Minister of Aquaculture must not make a recommendation unless the Minister—

  3. has first had regard to the provisions of the regional coastal plan that will be affected by the proposed regulations; and
    1. has consulted—
      1. the Minister of Conservation; and
        1. other Ministers that the Minister of Aquaculture considers relevant to the proposed regulations; and
          1. any regional council that will be affected by the proposed regulations; and
            1. the public and iwi authorities in accordance with subsection (3); and
              1. any customary marine title group in the area covered by the plan; and
                1. any applicant group as defined in section 9 of the Marine and Coastal Area (Takutai Moana) Act 2011 in the area affected by the plan; and
                2. is satisfied that—
                  1. the proposed regulations are necessary or desirable for the management of aquaculture activities in accordance with the Government's policy for aquaculture in the coastal marine area; and
                    1. the matters to be addressed by the proposed regulations are of regional or national significance; and
                      1. the regional coastal plan to be amended by the proposed regulations will continue to give effect to—
                        1. any national policy statement; and
                          1. any New Zealand coastal policy statement; and
                            1. a national planning standard; and
                              1. any regional policy statement; and
                              2. the regional coastal plan as amended by the proposed regulations will not duplicate or conflict with any national environmental standard; and
                                1. has considered any content in a relevant planning document—
                                  1. that has been lodged under section 91A of the Marine and Coastal Area (Takutai Moana) Act 2011 or lodged with the regional council under section 86 of that Act; and
                                    1. that the Minister considers relevant to their decision whether to recommend the making of the regulations; and
                                    2. has first had regard to how the proposed regulations may affect the preferential rights provided for in section 165W, if the proposed regulations would amend a regional coastal plan to establish a process for the allocation of authorisations for aquaculture activities.
                                      1. For the purposes of subsection (2)(b)(iv), the Minister of Aquaculture must—

                                      2. notify the public and iwi authorities of the proposed regulations; and
                                        1. establish a process that—
                                          1. the Minister of Aquaculture considers gives the public and iwi authorities adequate time and opportunity to comment on the proposed regulations; and
                                            1. requires a report and recommendation to be made to the Minister on those comments and the proposed regulations; and
                                            2. publicly notify the report and recommendation.
                                              1. For the purposes of subsection (2)(b)(iv), the Minister is not required to consult on matters that have already been the subject of consultation if the Minister is satisfied that the previous consultation related to subject matter that is in substance the same as that proposed in the regulations.

                                              Notes
                                              • Section 360B: inserted, on , by section 57 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).
                                              • Section 360B(2)(b)(v): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                              • Section 360B(2)(b)(vi): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                              • Section 360B(2)(c)(iii)(BA): inserted, on , by section 115 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                              • Section 360B(2)(c)(iv): amended, on , for all purposes, by section 82(1) of the Resource Management Amendment Act 2013 (2013 No 63).
                                              • Section 360B(2)(d): repealed, on , by section 27 of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                                              • Section 360B(2)(e): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                              • Section 360B(2)(f): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).