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360A: Regulations amending regional coastal plans in relation to aquaculture activities
or “Rules for changing coastal plans to manage fish farming and decide who gets to do it”
You could also call this:

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

You can only make regulations under section 360A(1) if the Minister of Aquaculture recommends it. Before the Minister can make a recommendation, they need to do several things:

The Minister must look at the parts of the regional coastal plan that will be affected by the new regulations. They also need to talk to the Minister of Conservation, other relevant Ministers, affected regional councils, the public, iwi authorities, and certain groups with interests in the coastal area.

The Minister needs to be sure that the new regulations are needed to manage aquaculture activities according to the Government’s policy. They must also believe that the regulations deal with important regional or national issues.

The Minister has to make sure that the changed regional coastal plan will still follow national policy statements, the New Zealand coastal policy statement, national planning standards, and regional policy statements. The plan shouldn’t clash with any national environmental standards.

The Minister must write a report about the proposed regulations and think carefully about it before deciding to recommend them. They also need to look at any relevant planning documents that have been submitted by certain groups.

If the regulations would change how aquaculture authorisations are given out, the Minister needs to think about how this might affect some existing rights.

To consult with the public and iwi authorities, the Minister must tell them about the proposed regulations and give them enough time to comment. The Minister then needs to get a report on these comments and make it public.

The Minister doesn’t need to consult again on things that have already been discussed before, if the previous consultation was about the same issues.

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Next up: 360C: Regional council's obligations

or “The regional council must tell everyone about new rules and change its plan quickly without asking for opinions.”
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Part 14 Miscellaneous 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
                              3. has prepared an evaluation report for the proposed regulations in accordance with section 32 and had particular regard to that report when deciding whether to recommend the making of the regulations; 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): inserted, on , for all purposes, by section 82(2) of the Resource Management Amendment Act 2013 (2013 No 63).
                                              • 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).