Fisheries Act 1996

Aquaculture - Aquaculture decisions in relation to coastal permits

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

You could also call this:

"How the chief executive processes aquaculture requests in order"

Illustration for Fisheries Act 1996

When you ask for a decision about aquaculture, the chief executive must make the decision in the order they receive the request. If lots of people ask for decisions on the same day, the chief executive will make the decisions based on what time they got the requests. If a regional council sends in lots of requests at the same time, the chief executive will follow the order the council says to use, as stated in section 114(5) of the Resource Management Act 1991. The chief executive can make decisions out of order, but only if they think it won't affect other decisions. The chief executive's decision is not final until any court review is finished. You should note that the chief executive has to be careful when making decisions out of order.

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Part 9AAquaculture
Aquaculture decisions in relation to coastal permits

186FOrder in which requests for aquaculture decisions to be processed

  1. The chief executive must make aquaculture decisions in the same order in which the requests for the decisions are received.

  2. For the purposes of subsection (1), the order in which aquaculture decisions must be made in relation to requests for aquaculture decisions received on the same day is determined according to the time when the requests are received.

  3. If 2 or more requests for aquaculture decisions are received at the same time from the same regional council, the chief executive must make aquaculture decisions in the order specified by the regional council under section 114(5) of the Resource Management Act 1991.

  4. For the purposes of subsections (1) to (3), the chief executive's aquaculture decision is not to be treated as made until any judicial review of the decision is finally disposed of.

  5. The chief executive may make aquaculture decisions in a different order from that required by subsections (1) to (3), but the chief executive may do so only if satisfied that in making an aquaculture decision out of order it will not have an adverse effect on any other aquaculture decision that the chief executive has been requested to make.

Notes
  • Section 186F: substituted, on , by section 8 of the Fisheries Amendment Act 2011 (2011 No 68).
  • Section 186F(3): 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).