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Resource Management Act 1991

Occupation of common marine and coastal area - Review of conditions applying to extended coastal permits

165ZFHK: Concurrence of Director-General required for review to proceed

You could also call this:

“The government's top marine official must agree before changes to sea farming rules can be looked at.”

Before a consent authority can start a review under this part of the law, they need to get approval from the Director-General of the Ministry for Primary Industries. Here’s how it works:

You need to send a proposal to the Director-General explaining why you think the review meets the purpose of this part of the law.

The Director-General has 20 working days to decide if they agree with you and to let you know in writing.

To help make this decision, the Director-General can ask you and the permit holders for more information. If this happens, you have to give the information, but the permit holders can choose if they want to.

If the Director-General asks for more information, they get extra time to make their decision, on top of the usual 20 working days.

If the Director-General doesn’t get all the information they asked for within 20 working days, they can still decide based on what they did receive.

Remember, you can’t start the review until the Director-General agrees that it’s okay to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS986870.

Topics:
Environment and resources > Farming and fishing
Government and voting > Government departments
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165ZFHJ: Purpose of review, or

“The review aims to improve how we look after the sea and coast while letting fish farms keep working.”

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165ZFHL: Process applying to review, or

“How authorities check and change rules for using shared sea areas”

Part 7A Occupation of common marine and coastal area
Review of conditions applying to extended coastal permits

165ZFHKConcurrence of Director-General required for review to proceed

  1. Before a consent authority may undertake a review under this subpart, it must provide a proposal to the Director-General of the Ministry for Primary Industries (the Director-General) that sets out how the consent authority considers the proposed review meets the purpose of a review under this subpart.

  2. Not later than 20 working days after receiving a proposal, the Director-General must—

  3. decide whether to concur with the consent authority that the proposal is consistent with the purpose of the review; and
    1. notify the relevant consent authority in writing of that decision.

      1. For the purpose of making that decision, the Director-General may request the relevant consent authority and permit holders to provide information in writing to the Director-General not later than 20 working days after the request is received.

      2. The information requested—

      3. must be provided as requested, in the case of a request to the consent authority; and
        1. may be provided in the case of a request to a permit holder.

          1. The time that the Director-General may need to obtain information from the relevant consent authority and permit holders is in addition to the 20 working days specified in subsection (2).

          2. If the information is not received in full within the time specified in subsection (3), the Director-General may decide whether to concur with the review proposal under subsection (2)(a), taking into account the information received within that time.

          Notes
          • Section 165ZFHK: inserted, on , by section 4 of the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Act 2024 (2024 No 32).