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Fisheries Act 1996

Aquaculture - Aquaculture agreements and compensation declarations

186ZIA: Period within which compensation declaration must be lodged for registration

You could also call this:

"Time limit to lodge a compensation claim for affected fishing areas"

Illustration for Fisheries Act 1996

You must lodge a compensation declaration with the chief executive for registration on the approved form and pay the prescribed fees. You have to do this within 6 months after the date of the notification of the reservation under section 186H(2)(a). The chief executive may give you a further 3 months to lodge a compensation declaration if you have taken reasonable steps to provide compensation to quota owners in accordance with sections 186ZN and 186ZQ. You can only get an extension of time once for aquaculture activities in the same area. You must apply in writing to the chief executive not later than 1 month before the expiry of the 6-month period. The 6-month period does not include any extension of time granted or the period when arbitration proceedings are happening. The arbitration proceedings are under section 186ZP(5) or section 186ZP(6)(a) or (b). The 6-month period also does not include the time when proceedings are brought seeking judicial review of the chief executive's aquaculture decision and ending on the day when the proceedings are finally disposed of. You should be aware of these timeframes when lodging a compensation declaration.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4077204.

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186ZI: Period within which aquaculture agreements must be lodged for registration, or

"Time limit to register aquaculture agreements"

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Part 9AAquaculture
Aquaculture agreements and compensation declarations

186ZIAPeriod within which compensation declaration must be lodged for registration

  1. A compensation declaration must be lodged with the chief executive for registration—

  2. on the approved form and be accompanied by the prescribed fees; and
    1. within 6 months after the date of the notification of the reservation under section 186H(2)(a) in relation to the coastal permit concerned.

      1. However, the chief executive may give a person a further 3 months to lodge a compensation declaration if the chief executive is satisfied that—

      2. the person has taken reasonable steps to provide compensation to quota owners in accordance with sections 186ZN and 186ZQ; and
        1. the person requires further time to provide the compensation.

          1. An extension of time may be granted under subsection (2) only—

          2. once to a person in respect of aquaculture activities in the same area; and
            1. if the person concerned applies in writing to the chief executive not later than 1 month before the expiry of the 6-month period specified in subsection (1)(b).

              1. The period of 6 months referred to in subsection (1)(b) does not include—

              2. any extension of time granted under subsection (2); and
                1. the period beginning on the day on which arbitration proceedings are commenced and ending on the day on which the arbitrator makes a determination under section 186ZP(5) or, if the arbitrator does not make a determination under that provision, the day on which the arbitrator makes a determination or decision under section 186ZP(6)(a) or (b); and
                  1. the period beginning with the day on which proceedings are brought seeking judicial review of the chief executive's aquaculture decision and ending on the day on which the proceedings are finally disposed of.

                    Notes
                    • Section 186ZIA: inserted, on , by section 20 of the Fisheries Amendment Act 2011 (2011 No 68).
                    • Section 186ZIA(1)(b): 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 186ZIA(4)(c): 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).