Fisheries Act 1996

Aquaculture - Aquaculture decisions in relation to coastal permits

186E: Chief executive to make aquaculture decision

You could also call this:

"The chief executive makes a decision about aquaculture after a regional council asks."

Illustration for Fisheries Act 1996

When a regional council asks for an aquaculture decision under section 114 of the Resource Management Act 1991, the chief executive must make a decision within 20 working days. You need to know the chief executive can make a determination, a reservation, or both for different parts of the area. The chief executive must consider information from the Ministry of Fisheries, information supplied by you, and other relevant information. The 20 working days do not include time spent consulting with people under section 186D(3) or making a decision on a prior request under section 186F(1). The chief executive must look at information from the Ministry of Fisheries, information you provide under section 186D(1) or (3), and information from the regional council. The chief executive does not have to consider information received after the request for an aquaculture decision, except as provided in section 186D(2) and (4). The chief executive's decision is based on the information available at the time of the request. You should be aware that the chief executive's decision will be made according to the rules outlined in the legislation. The chief executive must follow the rules when making an aquaculture decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397995.


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186D: Chief executive may seek information or consult certain persons for purposes of making aquaculture decision, or

"The chief executive can ask for information to help decide on coastal permit applications."


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186F: Order in which requests for aquaculture decisions to be processed, or

"How the chief executive processes aquaculture requests in order"

Part 9AAquaculture
Aquaculture decisions in relation to coastal permits

186EChief executive to make aquaculture decision

  1. Within 20 working days after receiving a request for an aquaculture decision from a regional council under section 114 of the Resource Management Act 1991, the chief executive must—

  2. make a determination; or
    1. make a reservation; or
      1. make 1 or more determinations or reservations or both in relation to different parts of the area to which the request relates.
        1. One or both of the following periods are excluded from the period of 20 working days specified in subsection (1) to the extent that the periods could otherwise fall within the period of 20 working days:

        2. a period during which the chief executive is undertaking consultation under section 186D(3):
          1. a period during which the chief executive is, in compliance with section 186F(1), making an aquaculture decision in relation to a prior request.
            1. In making an aquaculture decision, the chief executive must have regard to—

            2. information held by the Ministry of Fisheries; and
              1. information supplied, or submissions made, to the chief executive under section 186D(1) or (3); and
                1. information that is forwarded by the regional council; and
                  1. any other information that the chief executive has requested and obtained.
                    1. For the purposes of this section, the chief executive is not required to consider or take into account any information received after receiving the request for an aquaculture decision.

                    2. Subsection (4) applies subject to section 186D(2) and (4).

                    Notes
                    • Section 186E: substituted, on , by section 8 of the Fisheries Amendment Act 2011 (2011 No 68).
                    • Section 186E(1): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).