New Zealand Legislation: Acts

165ZH Processing applications for existing permit holders

• (1) This section applies if—

  • (a) a person holds—

    • (i) a deemed coastal permit under section 10, 20, 20A, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; or

    • (ii) a coastal permit to occupy space in the common marine and coastal area for aquaculture activities, granted after the commencement of this Part; and

  • (b) the permit referred to in paragraph (a)(i) or (ii) (existing coastal permit)—

    • (i) is in force at the time of any application under paragraph (c); and

    • (ii) applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and

  • (c) the holder of the existing coastal permit (existing permit holder) makes an application for a new coastal permit that is—

    • (i) for occupation of some or all of the same space; and

    • (ii) for the same or another aquaculture activity; and

    • (iii) accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and

  • (d) the application and any related applications are—

    • (i) made to the appropriate consent authority; and

    • (ii) made—

      • (A) at least 6 months before the expiry of the existing coastal permit; or

      • (B) in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate.

  (2) If this section applies, then—

  • (a) the applications, must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and

  • (b) no other application to occupy the space that the application relates to may be accepted before the determination of the application; and

  • (c) the holder may continue to operate under the existing coastal permit until—

    • (i) a new coastal permit is granted and all appeals are determined; or

    • (ii) a new coastal permit is declined and all appeals are determined.

  Section 165ZH: substituted, on 1 October 2011, by section 52 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).