57BMeaning of substantial interruption

1. In this Act, substantial interruption, to a group’s exclusive use and occupation of a specified area of the common marine and coastal area,—

2. means any 1 or more substantial interruptions to one or both of the following:
   1. the group’s use and occupation of that area:
   2. the exclusivity of the group’s use and occupation of that area:
3. requires a decision maker (including the Court) to consider the nature, extent, duration, and cause of any interruption to the group’s exclusive use and occupation of the specified area:
4. can be caused (without limiting paragraph (a)) by use and occupation carried out, or an activity (including, without limitation, an activity that is or includes fishing or navigation) carried out,—
   1. wholly or partly in that area; and
   2. by a person, or persons, who did not belong to the group; and
   3. with authorisation by or under legislation or otherwise lawfully:
5. can be caused (without limiting paragraph (a)) by changes to the use and occupation carried out, or to an activity carried out,—
   1. wholly or partly in that area; and
   2. by a person, or persons, who did belong to the group; and
   3. with authorisation by or under legislation or otherwise lawfully:
6. can be caused (without limiting paragraphs (a) to (d)) by the combined or cumulative effects of, or of changes to, 2 or more activities of the kind described in paragraph (c) or (d):
7. has not occurred (despite paragraphs (a) to (e)) only because, in relation to that area, an activity is carried out wholly or partly in that area under a resource consent granted at any time between—
   1. the commencement of this Act; and
   2. the effective date.