Part 14
Miscellaneous provisions
Rights of objection
360BConditions to be satisfied before regulations made under section 360A
Regulations must not be made under section 360A(1) except on the recommendation of the Minister of Aquaculture.
The Minister of Aquaculture must not make a recommendation unless the Minister—
- has first had regard to the provisions of the regional coastal plan that will be affected by the
proposed regulations; and
- has consulted—
- the Minister of Conservation; and
- other Ministers that the Minister of Aquaculture considers relevant to the proposed
regulations; and
- any regional council that will be affected by the proposed regulations; and
- the public and iwi authorities in accordance with subsection (3); and
- any customary marine title group in the area covered by the plan; and
- 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
- the Minister of Conservation; and
- is satisfied that—
- 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
- the matters to be addressed by the proposed regulations are of regional or national
significance; and
- the regional coastal plan to be amended by the proposed regulations will continue to give
effect to—
- any national policy statement; and
- any New Zealand coastal policy statement; and
- a national planning standard; and
- any regional policy statement; and
- any national policy statement; and
- the regional coastal plan as amended by the proposed regulations will not duplicate or conflict
with any national environmental standard; and
- 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
- 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
- has considered any content in a relevant planning document—
- 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
- that the Minister considers relevant to their decision whether to recommend the making of the
regulations; and
- 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
- 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.
For the purposes of subsection (2)(b)(iv), the Minister of Aquaculture must—
- notify the public and iwi authorities of the proposed regulations; and
- establish a process that—
- the Minister of Aquaculture considers gives the public and iwi authorities adequate time and
opportunity to comment on the proposed regulations; and
- requires a report and recommendation to be made to the Minister on those comments and the
proposed regulations; and
- the Minister of Aquaculture considers gives the public and iwi authorities adequate time and
opportunity to comment on the proposed regulations; and
- publicly notify the report and recommendation.
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).