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Resource Management Act 1991

Standards, policy statements, and plans - Miscellaneous matters - Plan must not allow activity that prevents protected customary rights

85AA: Plan must be updated to reflect changes to aquaculture settlement area

You could also call this:

“Councils must quickly update their plans if the government changes areas set aside for Māori aquaculture, without needing to follow the usual process.”

When the government changes an aquaculture settlement area, the regional council must update their plan to match. This happens if the government adds a new area, makes an existing area bigger or smaller, or removes an area completely.

You need to know that the government announces these changes through a special notice. Once this notice is given, the regional council has to do three things:

  1. Change their plan to show the new or updated aquaculture settlement areas.
  2. Make these changes as quickly as they can after getting the notice.
  3. Make the changes without going through the usual long process for changing plans.

This rule makes sure that the regional council’s plan always shows the correct and up-to-date information about aquaculture settlement areas.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS901796.

Topics:
Environment and resources > Farming and fishing
Māori affairs > Māori land
Government and voting > Local councils
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85A: Plan or proposed plan must not include certain rules, or

“ Plans can't allow activities that might harm special Māori rights in coastal areas. ”

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85B: Process to apply if plan or proposed plan does not comply with section 85A, or

“If a plan doesn't follow the rules for protecting special rights, here's how you can ask for changes”

Part 5 Standards, policy statements, and plans
Miscellaneous matters: Plan must not allow activity that prevents protected customary rights

85AAPlan must be updated to reflect changes to aquaculture settlement area

  1. If a notice issued under section 12 of the Maori Commercial Aquaculture Claims Settlement Act 2004 declares space in the coastal marine area to be an aquaculture settlement area or adds or removes space from an aquaculture settlement area, a regional council must—

  2. amend any aquaculture settlement area shown on the plan to reflect any new aquaculture settlement areas or changes to existing areas made by the notice; and
    1. make the amendment as soon as practicable after the notice is issued; and
      1. make the amendment without using the process set out in Schedule 1.

        Notes
        • Section 85AA: inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).