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Fisheries Act 1996

Aquaculture - Aquaculture agreements and compensation declarations

186ZF: Quota owners whose consent is necessary for aquaculture agreement

You could also call this:

"Who must agree to your aquaculture plans"

Illustration for Fisheries Act 1996

When you want to do aquaculture, you need to get consent from quota owners. You must get consent from owners who have at least 75% of the quota shares for the stock. If you get consent from 75% or more but less than 100% of quota owners, you also need the High Court's consent for the owners who did not agree. When you lodge an aquaculture agreement, you must show that each quota owner had a chance to consider whether to consent. After the agreement is registered, you cannot revoke your consent, but it ends when the coastal permit ends, unless the permit is replaced according to section 165ZH of the Resource Management Act 1991. The rules about consent apply to the quota owners at 5 pm on the date the chief executive gives notice of a reservation under section 186H(2)‎(a). You need to follow these rules when you want to do aquaculture in a certain area. The consent and agreement will end when the coastal permit ends, unless a new permit is issued.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398355.

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186ZG: High Court may consent to aquaculture agreement on behalf of non-consenting persons, or

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Part 9AAquaculture
Aquaculture agreements and compensation declarations

186ZFQuota owners whose consent is necessary for aquaculture agreement

  1. An aquaculture agreement lodged with the chief executive for registration must—

  2. contain the consents required under subsection (2) to the aquaculture activities being undertaken in the area concerned; and
    1. be accompanied by information showing that each registered quota owner has had a reasonable opportunity to consider whether to consent.

      1. The consents required are, for each stock specified in a reservation in relation to commercial fishing for stocks subject to the quota management system,—

      2. the consents of the registered quota owners of the stock holding not less than 75% of the quota shares for the stock; and
        1. to the extent that the consents referred to in paragraph (a) are given by persons holding 75% or more but less than 100% of the quota shares for the stock, the consent of the High Court in relation to the persons who did not consent.

          1. After an aquaculture agreement is registered, no person whose consent is contained in the agreement may revoke the consent, but the consent and the aquaculture agreement itself come to an end when the coastal permit to which they relate comes to an end, unless the coastal permit is replaced by a new permit in accordance with section 165ZH of the Resource Management Act 1991.

          2. For the purposes of this section, subsection (2) applies to the persons specified in that subsection as at 5 pm on the date on which the chief executive gives notice of a reservation under section 186H(2)(a) in relation to the coastal permit concerned.

          Notes
          • Section 186ZF: substituted, on , by section 15 of the Fisheries Amendment Act 2011 (2011 No 68).
          • Section 186ZF(3): replaced, 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).
          • Section 186ZF(4): replaced, 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).