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Resource Management Act 1991

Occupation of common marine and coastal area - Managing occupation in common marine and coastal area - Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

165ZDA: Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities on own initiative

You could also call this:

“The person in charge of fish farms can stop people from asking to use the sea for a while if there are problems or too many people want to use it.”

The Minister of Aquaculture can stop accepting applications for coastal permits to use space in the common marine and coastal area for aquaculture. They can do this if they think there’s a lot of demand for these permits, or if there’s a problem with the safety of sea life.

If the Minister thinks the current plans can’t handle all the applications, they can pause them. This gives time to change the plans or use other ways to manage the applications. They might also need to pause applications to keep promises made to Māori about aquaculture.

If there’s a worry about diseases or pests in aquaculture, the Minister can also pause applications. This gives time to change plans or use other laws to deal with the problem.

Before making this decision, the Minister must talk to the regional council and the Minister of Conservation. They can also talk to other people if they think it’s important.

When the Minister decides to pause applications, they must put a notice in the Gazette. This notice will say which areas and types of aquaculture are affected. It will also say when the pause will end, which can’t be more than 12 months from when the notice is published.

This rule can apply to one type of aquaculture, a few types, or all types of aquaculture.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS901835.

Topics:

Environment and resources > Farming and fishing

Environment and resources > Conservation

Business > Industry rules

Government and voting > Government departments

165ZD: Minister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities, or

“The person in charge of fish farming can stop people from asking to use the sea for a while if there are too many requests or worries about fish health.”

165ZDB: Effect on applications of suspension under section 165ZDA, or

“When the Minister stops new fish farming applications, you can't apply for a permit in that area until the stop ends.”

Part 7A Occupation of common marine and coastal area
Managing occupation in common marine and coastal area: Ministerial powers in relation to applications for coastal permits to undertake aquaculture activities in common marine and coastal area

165ZDAMinister of Aquaculture may suspend applications to occupy common marine and coastal area for purposes of aquaculture activities on own initiative

The Minister of Aquaculture may, at their own initiative, suspend receipt of applications for coastal permits to occupy space in a common marine and coastal area for the purpose of aquaculture activities if the Minister—
has identified actual or anticipated high demand or competing demands for coastal permits for occupation of space in a common marine and coastal area for the purpose of aquaculture activities and considers that—
1. the provisions of the operative plan will not enable the demand to be managed effectively; and
2. the suspension is desirable—
  1. to enable the operative plan to be amended or for other measures available under this Act to be used to manage the demand; or
  2. for the Minister to use other measures available under the Maori Commercial Aquaculture Claims Settlement Act 2004 for the purpose of upholding the Crown’s settlement obligations under that Act in the region; or
has identified an actual or emerging biosecurity concern relating to aquaculture activities and considers that—
1. the provisions of the operative plan will not enable the biosecurity concern to be managed effectively; and
2. the suspension is desirable to enable the operative plan to be amended or for other measures available under this Act or other legislation to be used to manage the biosecurity concern.

The Minister must consult the regional council and Minister of Conservation, and may consult any other person the Minister considers it appropriate to consult.
The Minister must issue the suspension by notice in the Gazette, which must specify—
the space and aquaculture activities that the suspension on applications will apply to; and
the date the notice expires, which must not be more than 12 months after the date of the Gazette notice.

To avoid doubt, this section may apply in relation to an aquaculture activity, 1 or more classes of aquaculture activities, or all aquaculture activities.

Notes

Section 165ZDA: inserted, on 24 August 2023, by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).