New Zealand Legislation: Acts

165ZI Applications for space already used for aquaculture activities

• (1) This section applies to an application for a coastal permit to carry out aquaculture activities if—

  • (a) the application relates to space that is subject to a permit referred to in section 165ZH; and

  • (b) the application is made by a person who is not the existing permit holder.

  (2) The application must be held by the consent authority without processing until 3 months before the expiry of the permit.

  (3) While the application is being held under subsection (2), the consent authority must not accept any other applications by persons other than the existing permit holder for that space until after the application being held under subsection (2) is determined or has lapsed.

  (4) After receiving an application referred to in subsection (1), the council must notify the existing permit holder—

  • (a) of the application; and

  • (b) that the holder can make an application in accordance with section 124.

  (5) If an application to which section 165ZH(2) applies is made in accordance with section 124, then the application referred to in subsection (1) remains on hold until that application is determined.

  (6) If the application to which section 165ZH(2) applies is granted, then the application referred to in subsection (1) lapses.

  (7) If no application to which section 165ZH(2) applies is made prior to the date 3 months before expiry of the relevant permit, then the application being held under subsection (2) must be processed and determined in accordance with this Act.

  (8) However, the application may be processed and determined before the expiry of the 3-month period referred to in subsection (7) if the existing permit holder notifies the consent authority in writing that the holder does not propose to make an application under section 124.

  Section 165ZI: inserted, on 1 January 2005, by section 20 of the Resource Management Amendment Act (No 2) 2004 (2004 No 103).