Resource Management Act 1991

165ZJ Additional criteria for considering applications for permits for space already used for aquaculture activities

• (1AA) When considering an application under section 165ZH that relates to the same aquaculture activity, a consent authority must consider all relevant information available in relation to the existing coastal permit, including any available monitoring data.

  (1) When considering an application to which section 165ZH or section 165ZI(7) or (8) applies, a consent authority must not only consider the relevant matters under this Act, but also consider the applicant's conduct in relation to—

  • (a) compliance with the relevant regional coastal plan; and

  • (b) compliance with resource consent conditions for current or previous aquaculture activities undertaken by the applicant; and

  • (c) [Repealed]

  (2) In making an assessment under subsection (1)(a) and (b), the council must, in relation to any successful enforcement action under Part 12, consider—

  • (a) the number of any breaches that have occurred; and

  • (b) the seriousness of the breach; and

  • (c) how recently the breach occurred; and

  • (d) the subsequent behaviour of the applicant after enforcement action.

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

  Section 165ZJ(1AA): inserted, on 1 October 2011, by section 54(1) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

  Section 165ZJ(1): amended, on 1 October 2011, by section 54(2) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

  Section 165ZJ(1)(c): repealed, on 1 October 2011, by section 54(3) of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).